AUROVILLE TERMS & CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE. PLEASE DO NOT USE THE WEBSITE OR TRANSACT ON THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to the Auroville.com service provided by the Auroville Online Store, an aurovilian commercial unit located at Auroville, Tamil Nadu, India. In using the Auroville.com service, you are deemed to have accepted the terms and conditions listed below.
All products and information displayed on Auroville.com (hereinafter “Auroville.com” or the “Website”) constitute an “invitation to order”. Your order for purchase constitutes your “order” which shall be subject to the terms and conditions as listed below. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order.
1 – USERS ELIGIBILITY
Use of Auroville.com is available only to persons who can legally form contracts under applicable law. Persons who are deemed “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If your age is below 18 years old, your parents or legal guardians can transact on your behalf, if they are registered users.
Auroville.com reserves the right to terminate your membership and refuse to provide you with access to the Website if Auroville.com discovers that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Auroville.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
2 – ACCOUNT AND REGISTRATION OBLIGATIONS
You also agree to provide true, accurate, current/updated and complete information about yourself as requested by Auroville.com’s registration form. If Auroville.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Auroville.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
3 – FEES AND SERVICES
Membership on the Website is free. Auroville.com does not charge any fee for browsing and buying on the Website. Auroville.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, Auroville.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
4 – OUR PRODUCTS
All products offered by Auroville.com are described and pictured as completely and precisely as possible and in good faith. Despite all our precautions Auroville.com cannot be held liable for possible errors.
Regarding the colors, we have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
5 – PRICING INFORMATION
While Auroville.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Auroville.com 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, Auroville.com 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 mis-priced, Auroville.com 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 Auroville.com will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. 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.
6 – PAYMENT PROCESS
When you order online you may pay by credit or debit card. When you provide Auroville.com with your card information, Auroville.com will obtain a pre-approval from the card company for the amount of the order. Auroville.com will bill your credit card or process a transaction under your credit or debit card before your order ships. Auroville.com accepts Visa, MasterCard, American Express and Paypal Payments.
Debit cards may have daily spending limits that could delay the processing of your order substantially.
Auroville.com requires the credit or debit card security code for your card for your online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard).
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.
7 – CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on Auroville.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Auroville.com. Further the said information will not be utilized and shared by Auroville.com with any of the third parties unless required by law, regulation or court order. Auroville.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the charge to ‘prove otherwise’ shall be exclusively on you.
8 – SECURE PAYMENT
Secure payment is one of the main concerns of Auroville.com. That is why certified companies, HDFC Bank and Paypal which guarantee a 100% secure transaction, have been called on to process payments.
9 – FRAUDULENT OR DECLINED TRANSACTIONS
Auroville.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Auroville.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
10 – TRANSPORT AND DELIVERY
Delivery of your order: The goods purchased are delivered within the stipulated period by recorded delivery or via courier service to the delivery address that the purchaser indicates on the order. The estimated delivery period is always shown for each product. If you order several articles, the consignment will only be dispatched when all the articles are in stock. If, as a result, however, the order could not then be delivered within 30 working days, Auroville.com will dispatch the out of stock article separately to the purchaser after this period. If stocks are exhausted or if a product cannot be delivered within 8 weeks (56 days), Auroville.com will contact you to agree on an acceptable delivery period or to cancel the order completely free of charge. Auroville.com cannot be held liable for damage that might ensue from a product being out of stock or from delayed delivery.
Dispatch and Transport: Auroville.com offers a complete transport service for purchases. Renowned transport companies and courier services are used. Products can be delivered worldwide. All consignments are recorded, so you must always sign for receipt.
Loss or damage during transport: Loss and/or damage of a product that has been ordered will be borne by Auroville.com. You are responsible for checking the goods on receipt. If any external damage is noticed, you are required to take photographs and you must send the photographs and notify Auroville.com of possible damage by contacting us at http://www.auroville.com/shop/contact_us.php within 5 working days. Auroville.com reserves the right to refuse your request if either this term is not respected or you didn’t take/send the photographs. On receipt of the notice of damage, Auroville.com will give you instructions regarding the eventual return of the goods by you.
Delivery address: You are responsible for providing a full and correct delivery address. Incorrectly transmitted delivery addresses are your responsibility and may entail extra costs. In the event of errors in the address details of the addressee, Auroville.com cannot under any circumstances be held liable for inability to deliver the products ordered.
Delivery Fees: Delivery fees will be at your charge and will be added separately to your invoice.
11 – CANCELLATION OF ORDER BY AUROVILLE.COM
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 canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by us. 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 canceled 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.
12 – CANCELLATION OF ORDER BY THE CUSTOMER
You may inform us that you wish to refuse a purchase within 7 working days of receipt of the product. You may notify Auroville.com of the cancellation by email via http://www.auroville.com/shop/contact_us.php
The goods should be returned undamaged, unopened and in the original packaging within 5 working days of this notification. You should send a copy of the invoice or delivery note and a covering letter indicating your full account number with the returned goods.
Cancellation is not possible for goods that have been made especially for you (custom made products). If this is the case, it will be clearly indicated in the product description that you see while ordering. In the event of an order cancellation, Auroville.com will refund, within 30 days of receipt by Auroville.com of the returned product, any sums paid, minus the direct delivery costs (transport and order handling costs). Carriage for the return of the goods is payable by the purchaser. Auroville.com refunds carriage costs only if the purchaser did not receive the product that was ordered or if the product arrived damaged. Auroville.com can refuse to accept or refund returned articles when the packaging has been opened or when the products have been used or damaged by you.
13 – YOU AGREE AND UNDERTAKE
- 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 Auroville.com for redelivery shall be claimed to you.
- That you will use the services provided by Auroville.com 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. Auroville.com 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), Auroville.com has the right in its sole discretion to reject the registration and debar you from using the services of Auroville.com without prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
- 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:
- Gaining unauthorized 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.
14 – COPYRIGHT & TRADEMARK
Auroville.com expressly reserves all intellectual property rights in all text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Auroville.com or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Auroville.com. Any use of this 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 Auroville.com. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only as a shopping resource.
The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of Auroville.com and is also protected by Indian and international copyright laws.
The Auroville.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Auroville Online Store. 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 this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
15 – LIMITATION OF LIABILITY
The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website.
The Website provides, solely as a convenience to you, content from other Internet sites or resources and while Auroville.com tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Auroville.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
To the fullest extent permitted under applicable law, Auroville.com shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the clause above, the total liability of Auroville.com to you for all liabilities arising out of this User Agreement in terms of tort or contract is limited to the value of the product ordered by you.
Auroville.com makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Auroville.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Force Majeure – In the event either party is prevented in whole or in material part from performing its obligations under this User Agreement solely as a result of force majeure, upon the prompt giving of notice to the other party detailing such force majeure event and its anticipated duration, the obligations of the party so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
16 – WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil and/or criminal liability. Auroville.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
17 – ELECTRONIC COMMUNICATIONS
When you visit the Auroville.com 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.
18 – MODIFICATION OF USER AGREEMENT
Auroville.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via email at the address provided by you while registering on Auroville.com. You can access the latest version of the User Agreement at any given time on Auroville.com. You should regularly review the User Agreement on Auroville.com. In the event the modified User Agreement 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 User Agreement.
19 – GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Pondicherry shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Auroville.com and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Pondicherry.
20 – INDEMNITY
You agree to defend, indemnify and hold harmless Auroville.com, its employees, executives, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Auroville.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, fraudulent transactions or other rights. This clause shall survive the expiry or termination of this User Agreement.
21 – TERMINATION
This User Agreement is effective unless and until terminated by either you or Auroville.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website. Auroville.com 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 Auroville.com. Upon any termination of the User Agreement by either you or Auroville.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
22 – ENTIRE AGREEMENT
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Auroville.com you agree to be bound by the Terms and Conditions.
23 – SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the 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.
25 – CONTACT DETAILS:
You may contact us at:
Auroville Online Store
Auroville, Tamil Nadu, India