Terms & Conditions
- By using this website, you ("you" or the "User") agree to the terms and conditions ("Terms and Conditions" or "T&C" or "Terms" or "Agreement") that we have provided. The term "We", "Us", "Our" shall mean House of Afsaneh.
- Accessing, browsing or otherwise using the website indicates your agreement to all the terms and conditions mentioned here, so please read the terms carefully before proceeding. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by House of Afsaneh Policies (including but not limited to Privacy Policy) as amended from time to time.
- If you do not wish to agree to the outlined Terms and Conditions, please refrain from using the website. The products/services and information displayed on the website is an "invitation to offer" to the User. Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. We reserve 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 email you again to confirm details 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 House of Afsaneh prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
- Persons who cannot enter into legally binding contract in accordance with the provisions of the Indian Contract Act, 1872 are not entitled to use the website. Persons under the age of 18 years cannot transact through the website. The website is freely accessible to the User and the User does not need to open an account to place an order on the Website. However, if the User registers with House of Afsaneh, the registration information must be correct, complete and promptly updated by the User each time it changes.
- If You use the Website, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree to immediately notify House of Afsaneh of any unauthorized use of Your account information or any other breach of security and ensure that You exit from Your account at the end of each session on the Website. You may be held liable for losses incurred by House of Afsaneh or any other User of or visitor to the Website due to authorized or unauthorized use of Your account as a result of Your failure in keeping Your account information secure and confidential. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
- You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Website. By posting, storing, or transmitting any Content on the Website, You hereby grant House of Afsaneh a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such Content in any form (in whole or in part), in all media now known or hereinafter created, anywhere in the world. You also permit any other User to access, view, store, or reproduce Your Content for their personal use.
- You shall not upload Content on the Website that is protected by copyright, trademark or other proprietary right without the express permission of the owner of that copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
- House of Afsaneh does not have the ability to control the nature of the User-generated Content on the Website. You are solely responsible for Your interactions with other Users of the Website and any Content You post. House of Afsaneh is not liable for any damage or harm resulting from any posts by or interactions between Users. House of Afsaneh reserves the right, but has no obligation, to monitor interactions between Users and to remove any Content House of Afsaneh deems objectionable.
- Any feedback You provide on this Website shall be deemed non-confidential. House of Afsaneh shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that Your feedback does not contain proprietary or confidential information of You or of third-parties. House of Afsaneh is not under any obligation of confidentiality, express or implied, with respect to the feedback and You are not entitled to any compensation or reimbursement of any kind from House of Afsaneh for the feedback given by You under any circumstances.
- House of Afsaneh reserves the right at all times to discontinue or modify any of the Terms and Conditions and/or the Privacy Policy as may be deemed necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use our website, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon House of Afsaneh posting thereof. Any use by User after such notice shall be deemed to constitute acceptance by User of such modifications.
- You hereby expressly agree to receive communications, including but not limited to administrative and promotional e-mails and newsletters from House of Afsaneh by SMS and e-mail, and other known or hereinafter created communication mediums. House of Afsaneh will send You information regarding Your account activity and purchases, as well as updates about its products and services, and promotional offers. You can unsubscribe from receiving all promotional and marketing material at any time by clicking on the unsubscribe link at the bottom of the e-mail communication or by contacting us @hello@houseofafsaneh.com..
- The website operates an email newsletter program, used to inform subscribers about products, information and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user. Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity this is by no far a comprehensive list. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
- External third-party links (“Third-Party Links”) may be provided for general information purposes only on the Website or via e-mail from House of Afsaneh, but they are beyond the control of House of Afsaneh and no representation is made as to their Content, including any link contained in Third-Party Links, or any changes or updates to Third-Party Links. Use or reliance on any Third-Party Links provided on the Website and the Content thereon provided is at Your own risk. House of Afsaneh does not provide any guarantee with respect to any Third-Party Link and shall not be held liable for any loss suffered by You or any other company due to Your reliance on or use of such Content. House of Afsaneh is providing these Third-Party Links to You only as a convenience, and the inclusion of any Third-Party Link does not imply endorsement by House of Afsaneh of the Third-Party Link or any association with its operators. You are responsible for verifying the accuracy of all Third-Party Links on Your own before undertaking any reliance on such information.
- We may collect following information:-
- Your contact details; i.e., name, e-mail address, phone number, and shipping address
- Your Website account username and password
- Your previous orders and transaction information including product and service pricing details, date of purchase, and payment history
- Information from optional online surveys posted by House of Afsaneh on the Website or on third-party sites
- Cookies to enhance your shopping experience. Cookies are small files of data stored on your computer which enable us to know your preferences and customize the Website as per your preferences to offer you a more personalized experience. You can at any point set your computer browser to notify you when you are sent a cookie, and you can decide whether or not to accept it.
- Your session log information on the Website such as navigation details within the Website, IP address, browser type, browser language, operating system, and source of traffic
- E-mail communication by you directly with the Website or House of Afsaneh including but not limited to product or service enquiries, delivery details, disputes, etc.
All the above listed information enables us to: 1) process your order; and/or 2) understand your behaviour and preferences such that we can deliver the best customer service and experience. We may also use this information for marketing purposes including but not limited to informing you about deals, offers, new launches, relevant blogs, order status, etc. You may choose to opt out of these communications anytime by writing to us at________.
We will use your information, if required, in legal disputes or other legal processes in order to comply with any statutory or regulatory requirement and in cases of troubleshooting problems, detecting and protecting against error, fraud and other criminal or illegal activity, to collect dues/fees owed, enforce our Terms, prevent abuse of House of Afsaneh’ products and services, and prevent violation of the rights of third-parties, other users, or the general public.
- House of Afsaneh does not hold or save your transactions or banking details including but not limited to debit/credit card number, cardholder name, expiration date, and CVV or other information required for internet banking or other payment instruments. This information is held by the payment gateway service provider. Our payment gateway service provider is "VeriSign Secured" and "PCI-Compliant" which ensures the highest standards of safety and security for your information.
- We provide you with the best prices possible on products you buy from our website. Prices and availability are subject to change without notice. While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, House of Afsaneh may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. House of Afsaneh 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.
- 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 other problems. 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.
- Failure on the part of House of Afsaneh to perform any of its obligations and the inability to provide a product or service shall not entitle You to raise any claim against House of Afsaneh or be a breach hereunder to the extent that such failure arises from an event of Force Majeure or Act of God. If through Force Majeure or Act of God the fulfilment by either party of any obligation set forth in this Terms will be delayed, the period of such delay will not be counted on in computing periods prescribed by the Terms. Situations include but not limited to any war, civil commotion, strike, governmental action, lockout, accident, epidemic, natural calamities, or any other event of any nature or kind whatsoever beyond the control of House of Afsaneh that directly or indirectly hinders or prevents House of Afsaneh from performing its obligations. You expressly agree that lack of funds shall not constitute or be considered an event of Force Majeure.
- House of Afsaneh will regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, House of Afsaneh reserves the right to cancel all past, pending, and future orders without any liability. House of Afsaneh also reserves the right to refuse or cancel orders due to inaccuracies in pricing of products on the Website and stock unavailability.
- House of Afsaneh may also request additional verifications or information before accepting Your order. House of Afsaneh 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 debit/credit card has been charged, the said amount will be fully refunded via Your initial method of payment. Any promotional and discount vouchers, coupons, and codes used for the cancelled orders may not be refunded.
- In case of requests for order cancellations, we reserve the right to accept or reject those requests for any reason.
- House of Afsaneh reserves the right to recover the cost of Products, collection charges and lawyers’ fees from persons using the website fraudulently. House of Afsaneh reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or omissions in breach of these terms and conditions.
- All products and content on the website, including but not limited to the images, illustrations, audio clips, video clips, stories, blogs, logos, designs, slogans, trademarks and/or service marks are protected by copyrights, trademarks, and other intellectual property rights ("Content") that are owned and controlled by us or by other parties that have licensed their material to us. Users are prohibited from using any Content for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of House of Afsaneh or such third party which may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the website in any way for commercial or public purposes.
- While using the Website, you shall not host, upload, display, modify, transmit, update, publish, or share any information which:
(a) mistreat, defame, harass, intimidate, stalk, or otherwise infringe the legal rights of others;
(b) is misleading in any way;
(c) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(d) contains viruses, any computer code or program that may damage the Website’s, or any other computer’s, operations;
(e) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy;
(f) violates any current law;
- You agree to defend, indemnify and hold harmless House of Afsaneh, its employees, directors, agents and their successors 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 House of Afsaneh or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this 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, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
- House of Afsaneh will make all reasonable efforts, but does not guarantee the delivery of products and services in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be terminated if House of Afsaneh fails to deliver one or more products in the stipulated time frame. However, if You fail to take delivery of the goods, House of Afsaneh may at its discretion charge you additional shipping cost.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon House of Afsaneh delivery to the shipping carrier.
- You agree, understand and confirm that for the Cash on Delivery ("COD") details provided by you for availing of services will be correct and accurate. You further agree and undertake to provide the correct and Responsible person’s Name, valid Address and Contact details to House of Afsaneh at the time of order. House of Afsaneh will not use or share this information with any third party unless authorised by you, or required for fraud verifications or by law, regulation or court order. The customer will be liable for his order as soon as the order has been dispatched out of warehouse and any COD charges levied by House of Afsaneh.
House of Afsaneh will make all reasonable efforts to deliver defect-free products to You. House of Afsaneh does not take title to any returned products purchased by You unless the item is received by House of Afsaneh. Products and services purchased on the Website do not qualify for return unless the product delivered is damaged or has defects. It is Your responsibility to intimate House of Afsaneh of any such damage or defects in the product purchased and received by You within 48-hours of delivery, failing which the product(s) will not qualify for returns unless expressly covered by the product warranty even in case the said product has been wrongly delivered. Upon verification, if the claim is found valid, House of Afsaneh will make arrangements to collect the damaged product(s) and either replace the product(s) or offer You a full refund via Your initial method of payment (for COD payments, the refund will be issued in the form of a store credit). House of Afsaneh reserves the right to make the final judgment on whether a product has been significantly damaged and the right to determine whether a refund will be issued.
- If there is a conflict or contradiction between the provisions of the Website Terms and any other relevant Terms, conditions, policies or notices, the other relevant Terms, conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of Your use of the relevant section or module of the Website.
- Any failure by House of Afsaneh to enforce or exercise any provision of the Terms at any time or for any period, or any related right, shall not constitute a waiver of that provision or right.
- Any provision of any relevant Terms, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of relevant Terms, policies and notices shall remain in full force and effect.
- The use of this Website, the Terms, all transactions, and the relationship between House of Afsaneh and You shall in all respects be governed by the laws of the state of Haryana, India, regardless of the laws that might be applicable under principles of conflict of law. The User agrees that the courts located in Haryana or Chandigarh (High Court), India shall have exclusive jurisdiction over all controversies, claims, differences, and disputes arising under the Terms and agrees that the venue is proper in those courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Website, products and services, Content, or this Terms must be filed within 1-year after such claim or cause of action arose or be forever barred. By agreeing to the Terms, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
- The Terms of Use will continue to apply until terminated by either You or House of Afsaneh.
If You want to terminate Your agreement with House of Afsaneh, You can do so by not accessing the Website, and closing your account on the Website (if an account exists).
House of Afsaneh reserves the right to suspend the Terms at its discretion at any time with or without notice, including but not limited to Your breach of any of the provisions of the Terms, Privacy Policy, or any other terms, conditions, or policies that may be applicable to You, technical reasons, requirement by law, or the products and services available to You on the Website are no longer commercially viable. Termination may include removal of access to all or portion of the Website and deletion of any/all of Your materials and/or account information submitted by You on the Website.
House of Afsaneh shall not be liable to You or any third-party for any such termination. Termination shall not affect your liability or obligation arising prior to any such termination. House of Afsaneh reserves the right to cease operation of the Website including but not limited to the entire or a portion of the Website, and distribution of products and services at any time, without advance notice to You.
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.