Welcome to Esha Arora
To avail the products and services offered at eshaarora.com (hereinafter referred to as “Website”), the users of the Website (hereinafter referred to as “You” or “Your”) must agree to the following terms and conditions (hereinafter referred to as “Terms”).
In using the services of the Website, you are deemed to have accepted the terms and conditions listed below:
All products/services and information displayed on the Website constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below.
Esha Arora reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Esha Arora prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
2. USE OF THE WEBSITE
You may use the Website only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires prior written consent. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Website, in whole or in part.
Esha Arora requires you to agree not to use the Website, and specifically prohibit any use of the Website, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Website’s network security, or attempting to use the Website to gain unauthorised access to any other computer system; and
Using the Website to drop ship merchandise to third parties
3. ELIGIBILITY OF MEMBERSHIP
Use of this website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.
4. ORDER PROCESSING
1.Orders received are usually processed within 3-5 Business Days. For the purpose of this Terms, the term “Business Days” shall mean, a day not being a Saturday or Sunday, or a day on which banks in India are open for normal banking business.
2. Esha Arora is not responsible for any delay in deliveries by the partnering courier company. If we anticipate a significant delay in the shipment of your order, we will contact you via email or telephone.
5. ACCOUNT AND REGISTRATION OBLIGATIONS
Esha Arora shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you can email us at Labelenshop@gmail.com or call us on +91-8800408800 (Mon - Sat | 10:00 AM - 6:00 PM IST).
If Esha Arora has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to Esha Arora.
You also agree to:
-Provide true, accurate, current and complete information about yourself in Esha Arora registration form (such information being the “Registration Data”)
-Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Esha Arora has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Esha Arora has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
6. PRICING INFORMATION
While the Website strives to provide accurate product and pricing information, pricing or typographical errors may occur. Esha Arora cannot confirm the price of a product until after you order.
In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Esha Arora shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Esha Arora may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Esha Arora will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Esha Arora accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Esha Arora’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
7. CANCELLATION BY ESHA ARORA
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
8. CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on Esha Arora will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on Esha Arora. Your credit card information never reaches Esha Arora, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or Esha Arora with any of the third parties unless required for fraud verifications or by law, regulation or court order. Esha Arora will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
9. FRAUDULENT OR DECLINED TRANSACTIONS
Esha Arora reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Esha Arora reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
11. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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.
12. MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Esha Arora may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You should regularly review the Terms & Conditions on Esha Arora. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service.
However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
13. GOVERNING LAW AND JURISDICTION
Esha Arora makes no representation that materials on the Site are appropriate or available for use in countries other than India. Users who choose to access this site from countries other than India do so at their own risk and we are not responsible for the supply of products or services to countries other than India, or for being in compliance with laws outside India.
14. REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Esha Arora on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, the “Comments”) shall be and remain Esha Arora’s property.
Such disclosure, submission or offer of any Comments shall constitute an assignment to Esha Arora of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, Esha Arora owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Esha Arora will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Esha Arora is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
15. COPYRIGHT AND TRADEMARK
Esha Arora expressly reserves all intellectual property rights in all text, programs, products, designs, processes, technology, content and other materials, which appear on the Website.
Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of Esha Arora's or any third party’s intellectual property rights. All rights, including copyright, in the Website are owned by or licensed to Esha Arora or third party suppliers. Any use of the Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Esha Arora. You cannot modify, distribute or re-post anything on this website for any purpose.
The Esha Arora names and logos and all related products and services and Esha Arora slogans are the trademarks or service marks of Esha Arora. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Website (collectively, the “Contents”) are intended solely for personal, non-commercial use.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Esha Arora, one of its affiliates or by third parties who have licensed their materials to Esha Arora and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Website is the exclusive property of Esha Arora and is also protected by Indian and international copyright laws.
16. THIS USER AGREEMENT IS EFFECTIVE UNLESS TERMINATED BY EITHER YOU OR ESHA ARORA
You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website.
Esha Arora may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Esha Arora.
Upon any termination of the User Agreement by either you or Esha Arora you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.
17. ENTIRE AGREEMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Esha Arora with respect to Esha Arora’s sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Esha Arora with respect to the Esha Arora sites/services
Esha Arora failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You Agree and Confirm:
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Esha Arora for redelivery shall be claimed from you.
That you will use the services provided by Esha Arora, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
You will provide authentic and true information in all instances where such information is requested of you. Esha Arora reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Esha Arora has the right in its sole discretion to reject the registration and debar you from using the Services of Esha Arora and/or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on the Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Website.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.