Terms & Conditions
Acceptance of Terms:
Aham-Vayam Clothing is engaged in the business of designing and manufacturing of clothing and accessories (collectively referred to as ‘Products’) to Member(s) and/ or Guest(s).
These Terms (the “Terms”) govern the use and/ or purchase of the Products and access and/ or use of our website and / or electronic platform(s) by Member(s) and Guest(s). By accessing and/ or using our website and/ or electronic platform(s) (the “Site”), you agree and acknowledge that you have read these Terms and that you will be legally bound by these Terms as may be modified and / or amended without prior notice by Aham-Vayam from time to time.
Definitions:
“Applicable Law(s)” shall mean all applicable laws, bye-laws, rules, regulations, decree, orders, ordinances, protocols, codes, guidelines, policies, notices, circulars, directions and judgments of any Governmental Authority, each having the force of law, as applicable to any party to these Terms.
“Member(s)” shall mean registered user(s) of Aham-vayam's Site.
“Guest(s)” shall mean unregistered user(s) of Aham-vayam's Site.
“Intellectual Property Rights” includes but is not limited to all right(s), title(s) and interest(s), without limitation, copyright, designs, trademarks, patents, trade secrets, whether or not registrable in India and / or worldwide.
Use of Services:
Services can be availed from the Site either by registering as a Member on it or as a Guest without registration.
Aham-Vayam shall collect certain information from you during the registration process which shall be governed by and subject to the Privacy Policy of Aham-Vayam.
You are requested to refer to the Privacy Policy of for further details.
You agree to comply with the following:
- Provide and maintain true and accurate information about yourself for the purposes of our Site;
- To take full responsibility for all activities and purchases undertaken through your account with our Site;
- To not share your username and password for the account with our Site with any person and to immediately notify along with evidence to Aham-Vayam in case there is any unauthorized use of your account.
Purchases:
- You acknowledge that prices do not include shipping and handling charges or applicable taxes, if any, for which you are responsible and which will be separately identified on your receipt. Aham-Vayam will collect your billing and shipping information and process your payment.
- You shall not use any automated login, robots, spider or other automated devices to log in to your account with our Site and/ or to make any purchases thereon.
- Aham-Vayam reserves the right to refuse, cancel or modify any order placed by you with an attempt to notify you of such cancellation or modification by email or other contact details provided by you at the time of placing the order. If the order is cancelled by Aham-Vayam for no fault or failure of the purchaser, any payment already received by Aham-Vayam, shall be refunded to the purchaser.
- The products displayed on our Site may not be available at all times. Aham-Vayam reserves the right to discontinue or revise its Product list from time to time.
- The colors of the Products that are displayed on the Site may vary to some extent in the actual Products. Aham-Vayam cannot guarantee that your device or screen through which the Site is accessed displays correct and accurate colors.
- Any communication to you of the shipping or delivery time of the Products shall only be an estimate and may vary depending on the circumstances prevailing at the time. Unless specifically requested otherwise, Aham-Vayam shall dispatch all the Products in their standard packaging using the delivery service chosen by Aham-Vayam. You may refer to our Shipping Policy for further details on shipping.
Return & Refunds Policy:
The terms and conditions of Aham-Vayam’s Return & Refunds Policy as applicable from time to time shall apply to any Products that you purchase through the Site.
Taxes:
All prices, fees and other amounts referred to in these Terms, including any prices and fees set forth on the website, do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and transactions contemplated hereunder (collectively, "Taxes").
Payment:
- You agree to pay all fees, price or charges to your account as and when they become due and payable.
- You must provide a valid credit card (Visa, MasterCard or any other issuer accepted by Aham-Vayam) or a PayTM / PayPal account to Aham-Vayam or its third party payment service provider in order to purchase Products through the Site. Your obligations for your credit card or other payment methods shall be subject to your contract with the respective service providers.
- By providing your payment method details to Aham-Vayam or its third party payment service provider, you agree that Aham-Vayam is authorized to immediately invoice your account for all fees, price or charges due and payable by you to Aham-Vayam and no separate consent shall be required.
- You agree to immediately notify Aham-Vayam of any change in your billing, payment or shipping details.
Term and Termination:
These Terms shall remain valid and subsisting until revision and/or modification thereof by Aham-Vayam.
Aham-Vayam may terminate your use of the Site and deny you access to the Site in its sole discretion, including on account of your: (i) violation of these Terms; (ii) breach of your obligations or (ii) lack of use of the Site. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that Aham-Vayam may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Site, without prejudice to other rights and remedies that Aham-Vayam may have against you in law.
If you use the Site in violation of these Terms, Aham-Vayam may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Aham-Vayam shall not be liable to you or any third party for the discontinuation or termination of your access to the Site.
Intellectual Property Rights:
All rights, titles and interests including but not limited to ownership of copyright, trade marks, designs, patents and all other Intellectual Property Rights in and to any and all designs, drawings, layouts, photographs, images, screen shots, icons, logos, marks, names, know-how, methods, trade secrets, materials, infrastructure, source codes, processes, improvements etc. in the Products and / or Site shall vest solely, exclusively and in perpetuity with Aham-Vayam and/ or its successors and/ or assigns.
Use of the Products and/ or this Site shall give the Members and/ or Guests only limited right to use the interface and/ or Site for the purpose of availing Products of Aham-Vayam.
Members and / or Guests shall not be entitled to reproduce, make copies, distribute, make adaptations, reverse engineer and/ or in any manner commercially exploit the Intellectual Property Rights including designs, drawings, photographs, images etc. of Aham-Vayam including but not limited to the trade mark and trading name Aham-Vayam without prior written license of Aham-Vayam.
Member(s) and / or Guest(s) shall not commit any act and/ or omission which is likely to jeopardize and / or prejudice and/ or dilute and/ or challenge the ownership and/ or rights, titles and / or interests of Aham-Vayam in the Intellectual Property, Products and/ or the Site.
Limitation of Liability:
You acknowledge and agree that the Products provided through this Site are on an ‘as is’ and ‘as available’ basis.
To the fullest extent permitted by the Applicable Laws, Aham-Vayam, its affiliates, their respective officers, directors, partners, employees, agents, licensors, contractors, representatives (“Aham-Vayam parties”) disclaim all warranties, other than those expressly set out herein, in connection with the Products including your use of the Site.
To the fullest extent permitted by the Applicable Laws, the Aham-Vayam makes no warranties or representations and assumes no responsibility for any (i) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and/ or Products, (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any applications whether based on warranty, contract, tort, or any other legal theory, and whether or not Aham-Vayam is advised of the possibility of such damages, (viii) your failure to keep your password or account details secure and confidential.
Downloading of content from our Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile phone or other device or loss of data that results from the download of any such content.
In no event shall Aham-Vayam be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
The information on the Site may contain typographical errors or inaccuracies and may not be complete. Aham-Vayam reserves its right to correct any errors, inaccuracies or omissions and to change or update the information at any time with or without prior notice and even after you have placed any order.
Indemnity:
You agree to indemnify, defend, and hold harmless Aham-Vayam parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Aham-Vayam arising as a result of, or in connection with: (i) your unauthorized use of the Site; (iii) your access to and use of the Site and/ or Products; (iv) your violation of any rights of another party; or (v) your breach of these Terms.
Aham-Vayam reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aham-Vayam and you agree to cooperate with Aham-Vayam’s defense of these claims. You agree not to settle any matter in which Aham-Vayam is named as a defendant and/or for which you have indemnity obligations without Aham-Vayam’s prior written consent.
Confidentiality:
You agree to keep confidential and not to disclose or use for your own benefit or the benefit of any third party (except as may be required for the performance of Services or as may be required by law), any information which is proprietary or confidential to Aham-Vayam. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents, or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, and provided further that such obligations herein shall survive the termination of these Terms.
Aham-Vayam will not use any collected information for purposes other than in relation to providing Products. Aham-Vayam shall not be liable in any manner for fines and/ or penalties and/ or any punishments imposed on Member(s) and/ or Guest(s) for violation of privacy and/ or data protection.
Relationship:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Aham-Vayam and you shall have no authority to bind Aham-Vayam in any form or manner whatsoever.
Assignment:
You shall not assign your rights and/ or obligations under these Terms to any person.
Governing Law & Courts:
These Terms shall be governed by the provisions of the Indian Laws and any dispute arising out of these Terms and/ or connected therewith, including but not limited to its interpretation, existence, performance, non-performance, violation, etc. shall be subject to the exclusive jurisdiction of the courts in New Delhi.
Severability:
If any provision of these Terms is rendered void, illegal or unenforceable in any respect under Applicable Law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
Waiver:
Any waiver or failure by Aham-Vayam to enforce any provision of these Terms on one occasion shall not be construed a waiver of any other provision or of such provision on any other occasion.
Force Majeure:
Aham-Vayam will not be held responsible for any delay or failure in performance of any part of these Terms to the extent that such delay is caused by events or circumstances beyond its reasonable control including but not limited to any acts of God, wars, riots, terrorists, insurrection, accident, fire, flood, epidemic, pandemic, government restrictions, lockdowns, explosion, power, civil commotion, or any other unavoidable cause.
Modification:
Aham-Vayam reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms, at any time and without prior notice. By continuing to access or use the Site after the modification of these Terms, you shall be deemed to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
Entire Agreement:
These Terms, the Returns and Refunds Policy, Shipping Policy and the Privacy Policy shall constitute the entire agreement between you and Aham-Vayam with respect to the Products and supersedes all prior agreements and undertakings, both written and oral, with respect to the subject matter hereof.