Terms & Conditions

Welcome to VANYYA and www.vanyya.com!

 

We, at VANYYA, have a singular aim to bring sustainable handmade products to your doorstep from corners of the world and tell you stories of artisans and their art, bringing smiles on millions of faces in the process. We believe in wholesome happy living and we hope to ensure you experience a seamless journey while availing our services. Our endeavours to bring about a fun, fulfilling and smooth journey for you, we have listed a few policies in the terms and conditions. The long parts of these policies may sound a little boring and authoritative, but we assure you, this does not show how we truly feel about our bond with you. Amidst all this legal seriousness, be assured, we just want what is best for you and best for our environment. Please take a close look at our policies and in case you have any query, you know where to contact us.



 

GENERAL:

This document is an electronic record in terms the Provisions of Information Technology Act, 2000 (India) and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained and/or mentioned in any other document, in the event of any conflict between the terms mentioned herein below and any other terms cited, declared and/or mentioned in any other document and/or records, the terms mentioned in the present T&C shall alone prevail for the purposes of usage of the Site. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.vanyya.com.

 

(a) The domain name www.vanyya.com and www.vanyyastories.com is owned by VANYYA, a partnership firm (hereinafter referred to as the “Firm”), having its registered office at No. 6 Railgate, Saptagram, Birati, Kolkata – 700 051.

 

(b) For the purpose of these Terms of Use, wherever the context so requires, the terms “you" or “yours” or “visitor” or "user" or “buyer” shall mean any natural or legal person who is competent to contract under the provisions of the Indian Contract Act, 1872 and who has agreed to use the website and/or any of its materials and/or contents therein in compliance with the terms and conditions mentioned herein by registering themselves with the website by providing requisite data. The site also providing its services without registration and such services does not in any event absolve you or the visitor or the user or the buyer from this contractual relationship. The term "VANYYA" or “vanyya.com” or “firm” or “we” or “us” shall mean the Firm and/or its subsidiaries and affiliates. 

 

(c) By using the site in any manner, including but not limited to visiting or browsing the Site, and by continuing to browse the Site, you (the "user", “viewer”, “buyer” or "you") agree to comply with and be bound by following terms and conditions for use of the Site together with  the additional and/or special terms and conditions and policies reference whereof  either specifically mentioned herein and/or available by hyperlink and/or stated  under different policy name in any of the pages contained in the site.  This Agreement applies to all users of the Site, including without limitation to the users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

The Website Owner, including subsidiaries and affiliates provide website features and other products and services to you (“you" or “yours” or “visitor” or "user" or “buyer” ) when you visit www.vanyya.comwww.vanyyastories.com or shop at www.vanyya.com, or use VANYYA products or services, or use software provided by VANYYA in connection with any of the foregoing. All the information contained on the website or any of the pages comprising the website are subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website. 

(d) We or VANYYA or vanyya.com or the firm reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Site. If you continue to use the website following such a change, it is deemed as consent by you to the amended policies. 


 

PRIVACY:

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We process your personal data as per our privacy policy. Click on the link to learn more about our Privacy Policy.

 

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS:

If you use the Website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. VANYYA reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years and/or a person  “incompetent to contract” under the provisions of the Indian Contract Act, 1872. If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor or user of a third-party site through which You access the Website. 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 User Agreement, VANYYA has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

 

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/messages/SMS/MMS shall be subject to change at any time at the sole discretion of VANYYA and VANYYA owes no responsibility to provide you any information regarding such change.

 

You undertake not to do any activity that in any way has any link whatsoever with VANYYA which includes but is not limited to - host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that VANYYA shall in no manner be held responsible for the same.

Any unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

 

ELECTRONIC COMMUNICATIONS:

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or by sending SMS in the number provided by you at the time of registration or through other Services at the sole discretion of VANYYA. The use of this website is also deemed your consent to receive SMS from us at any time we deem fit. This consent to be contacted is for purposes that include and is not limited to clarification calls and marketing and promotional calls. 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. The legal requirements would be in conformity with the Information Technology Act, 2000 (INDIA) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

 

INTELLECTUAL PROPERTY RIGHTS:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, VANYYA owns all Intellectual Property Rights to and into the Website, including, but not limited to, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to VANYYA without obtaining authorization from it. The user, however, may share the content for marketing purposes giving explicit credit to VANYYA for the same.

 

User shall not upload posts or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. VANYYA does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User 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. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted VANYYA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any Form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants VANYYA, the right to edit, copy, publish and distribute any material made available on the Site by the User. 

 

TRADEMARKS:

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of VANYYA protected by copyright as a collective work under the applicable copyright laws. VANYYA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of VANYYA is permitted. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and /or in any other form either known or to be known in future. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 

 

If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with VANYYA shall not be deemed to be in the public domain but rather the exclusive property of VANYYA, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of VANYYA, unless otherwise stated. 

 

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS:

VANYYA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the Customer Care Team by way of an email as provided herein below.


 

BILLING:

The price of our merchandise as mentioned on www.vanyya.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. VANYYA reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay.

 

ORDER CANCELLATION BY VANYYA:

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. VANYYA reserves the exclusive right to refuse or cancel any order for any reason at any point of time. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. 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/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher/coupon used in these orders shall be returned and made available to the user in case of cancellation by VANYYA.

 

ORDER CANCELLATION BY USER:

If the user has to unfortunately cancel/modify an order, the same has to be done within 10 hours after placing an order, by mailing us all the details at customercare@vanyya.com. In such a case, the amount paid will either be reversed into your Account as the case may be to the source of the payment within a period of 30 working days or a credit note of the said amount shall be generated in your favour with an expiry date of 90 days from the date of issuance. However, any type of voucher/coupon used in these orders shall not be returned or refunded to the user in case of cancellation by the user. No cancellation of orders shall be accepted after 10 hours of placing the order and shall have to be returned following the procedure laid down in the Returns and Exchange Policy available here


 

SHIPPING & PROCESSING FEE:

The Shipping and Processing Fee throughout India is free for any order above Rs.1200/-. However, in case of order below Rs. 1200/- and /or in case of supply of goods beyond the territorial limits of India, Shipping & Processing fee will be charged and such charge shall be calculated and informed to the buyer at the time of checking out. 

 

PAYMENT:

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank(s)”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases /services on www.vanyya.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by VANYYA. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a full proof online shopping environment to our users.

VANYYA may employ RazorPay, PayPal and such other third-party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by VANYYA which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

 

DELIVERY:

VANYYA endeavours but does not guarantee delivery of products in the stipulated time period as mentioned at  the time of purchase of the product. The delivery time indicated in respect of each of the products is only tentative and cannot be construed as the actual date of delivery.  In no manner can the contract be repudiated if VANYYA fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, VANYYA may at its discretion charge you for additional shipping cost.

 

LOSS IN TRANSIT:

In case of any product(s) being lost in transit for any reason whatsoever except for reasons mentioned under Force Majeure clause, the user shall have two options for initiating a claim for the said product. The options are as follows:

  1. To get a full refund of the purchase price into the bank account or the wallet through which the said payment had been made, in case the product delivery location was within the jurisdiction of India, Or

  2. To get a credit note worth the equivalent amount of the purchase price plus a loyalty coupon of a certain amount as applicable during the purchase period, both of which can be redeemed within a period of 90 days from the date of issue.

In case the product lost in transit had a delivery location beyond the jurisdiction of India, the user shall have to opt for the option provided under sub-clause (b) under the clause ‘Lost in Transit’.

In case of the above, the user must raise a claim with the customer care team in case of non-delivery.  

 

REFUNDS & RETURNS:

VANYYA shall make all endeavors to deliver defect free products to the purchasers. However, considering all products manufactured by VANYYA are handmade, minor inconsistencies or irregularities might be present as mentioned as disclaimer against each product in the website. Any item purchased on our website does not qualify for any return unless the product delivered is explicitly damaged or has clear manufacturing defects that does not fall within the disclaimer mentioned above and under the particular product(s). VANYYA does not take title to any returned items purchased by the user unless the item is received by VANYYA. The defective and/or damaged goods so received shall be communicated to VANYYA within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered. 

VANYYA holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns and Exchange Policy.

 

PRODUCT DESCRIPTIONS:

Products displayed on VANYYA attempts to be as accurate as possible. However, VANYYA does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by VANYYA is not as described, your sole remedy is to contact VANYYA within 48 hours of receipt and VANYYA endeavours to provide a solution as per its discretion. VANYYA is not liable to issue any refunds and/or returns and/ or exchange as a matter of policy.

 

PRODUCT COMPLIANCE:

Products displayed/ sold on the VANYYA website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

 

PRODUCT PRICING DISCLAIMER:

The Prices displayed on our website are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. However, any tax or shipping charges which are in excess due to laws applicable to certain areas, within the country or abroad, shall be extra as applicable. 

 

INACCURACY DISCLAIMER:

From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. VANYYA reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

WARRANTIES & LIABILITY:

All information, content, materials, products (including software) and other services included on or otherwise made available to you by VANYYA are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. VANYYA makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through VANYYA, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

VANYYA does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that VANYYA shall not be liable for any damages of any kind related to your use of this Website.

Though VANYYA shall make all endeavours to protect its websites from any viruses or other illegal use of its website, however, we do not warrant that this site, information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website, its servers, or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website are not restricted in your territory. VANYYA shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

VANYYA will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

INDEMNITY:

You agree to defend and indemnify VANYYA (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

 

BREACH:

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, we, without prior notice, may immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your any information that has led to the breach, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

If you have any questions regarding this, you can contact our Customer Care Team at + 91 9007378511 / + 91 9073047498 or send us regular mail addressed to: customercare@vanyya.com.

 

SEVERABILITY:

We reserve the right to make changes to our site, policies, notices, notifications, and these terms and conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

WAIVER:

The failure by VANYYA to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by VANYYA of them or of the right at any subsequent time to enforce all Terms and Conditions of this agreement and other policies.

 

FORCE MAJEURE:

Failure on the part of VANYYA to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against VANYYA or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through Force Majeure, the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of VANYYA that directly or indirectly hinders or prevents VANYYA from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

 

DISPUTE RESOLUTION:

This agreement shall be construed and the legal relations between YOU and VANYYA hereto shall be determined and governed according to the laws of India. If any dispute arises between you and VANYYA regarding your use of the Website or your dealings with VANYYA in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be  settled amicably between the parties, however, in case of any failure of amicable settlement, the same shall be referred to the arbitration of the Sole arbitrator to be appointed by mutual consent of both parties. The decision of the arbitrator shall be final and binding upon the parties. The fees of the arbitrator and other incidental costs of the proceedings shall be borne by the parties of the equally. The venue of the arbitration shall be at Kolkata and the language of the arbitration shall be English. The Courts having jurisdiction in the City of Kolkata shall have exclusive jurisdiction to decide any dispute between the parties. Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

 

GRIEVANCE:

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to customercare@vanyya.com. The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

 

GOVERNING LAW:

These Terms and Conditions or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India.

 

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

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