Customer Service

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Terms of Use
Welcome to the Aria + Leya web site.

Welcome to the Aria + Leya web site. This document is an electronic record (the “Electronic Record”) in terms of the Information Technology Act, 2000 (the “IT Act”) and rules and regulations there under amended from time to time and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This Electronic Record is generated by a computer system and stored therein and does not require any physical or digital signatures.

NATURE OF THE ELECTRONIC RECORD

This Electronic Record contains the terms of use (the “Terms of Use”) which shall be adhered to by any user (“You” or “Users”) accessing www.arialeya.com (the “Website”) or using the services provided in the Website. The Terms of Use govern the relationship between You and Aria & Leya Fashions Private Limited (the “Company”, “We”, “Us” or “Our”)

The Terms of Use shall be deemed to be a valid contract executed in terms of the Indian Contract Act, 1872 (the “Contract Act”)  and the IT Act, between You and us.

The Website is owned and operated by the Company having its registered office at 20C Sagar Sangeet, Shahid Bhagat Singh Road. Colaba, Mumbai 400005.

By the access or use of this Website, it has been deemed that You have perused and accepted the Terms of Use contained herein and as revised from time to time, which is, for an indefinite period and You understand and agree that You are bound by the Terms of Use till the time You access the Website.

We reserve the right to change and/or amend the Terms of Use from time to time without any obligation to inform You and it is your responsibility to peruse the Website and more particularly these Terms of Use from time to time.

 

 Simply put: Here are our company’s terms. Read them every now and then.

 
ELECTRONIC CONTRACT

Subject to these Terms of Use, by the access and use of this Website, You acknowledge the completion of an offer and acceptance of these Terms of Use and the execution of a valid contract between Us and You in terms of Section 10A of the IT Act and in terms of section 10 of the Contract Act.

By the access and use of this Website, You shall be deemed to be competent to contract in accordance with the terms of Section 11 of the Contract Act. The use of this Website by any person not competent to contract under law shall be void and We shall not be liable to perform Our obligations under the Terms of Use in such circumstances and such person shall forthwith restitute the Company for all losses, damages, expenses and costs incurred by Us thereby.

Users accessing the Website from outside the territorial limits of India, and desirous of obtaining the goods sold on this Website are required to ensure compliance with their local laws (the “Local Laws”) as applicable to such Users. We shall not be liable for any breach of the Local Laws arising out of the use of the Website by such Users.

 

SALE OF MERCHANDISE ON THE WEBSITE

The Website is operated to display certain merchandise (the “Merchandise”) manufactured by Us and proposed to be sold thereof by Us to You through the Website.

It is clarified that the Merchandise displayed on the Website and available for viewing constitutes merely an invitation to offer made by Us to You and subject to the Terms of Use, we reserve the right to sell any of the Merchandise available for viewing on the Website.

It is further clarified that We shall execute Orders (defined hereinafter) for sale and purchase of Merchandise through the Website only for delivery of such Merchandise within the territorial limits of India and orders requiring delivery of Merchandise outside the territorial limits of India shall not be executed by Us. For all sale and delivery outside the jurisdiction of India, We shall reserve the right to approve the same on a case-by-case basis.

 

Simply put: We are currently only delivering within India although we will begin to ship outside India as soon as it becomes feasible for us to do so. Stay tuned!

 

We reserve the right to exercise discretion in regulating the display of Merchandise on the Website, the prices, available quantities and other specifications in relation to such Merchandise.

Subject to Your compliance, with the terms contained in the Pricing and Payment section of these Terms of Use and agreement with the terms of privacy policy (the “Privacy Policy”) of this Website, if You are desirous of commencing the process of purchase of Merchandise and completing it thereof (the “Order”), You are required to provide all such information as is prompted by the web pages contained in the Website. It is clarified that Your Order shall constitute the offer and Our communication of acceptance of the Order with required details shall constitute acceptance of the offer.

In accordance with the provisions of Section 13 of the IT Act, this contract shall be deemed to have been received, accepted and formed at our office at Mumbai.

Notwithstanding the completion of offer and acceptance as set out hereinabove and the completion of the process of payment as contained in the Pricing and Payment section, the property in the Merchandise shall transfer to You only upon the completion of the delivery of the Merchandise to You or to any other person authorized by You to receive the Merchandise, as contained in the Shipping and Delivery section of these Terms of Use.

 

Simply put: Products and their related prices are displayed on our site. If you like what you see, follow the site’s prompts and complete the payment process. We’ll gladly ship you your order as soon as we can.

 

Notwithstanding anything contained in these Terms of Use, We reserve the right to either reject or cancel Orders received and initiate a refund of the amounts to You, received towards executing such Orders, without having to assign any reasons for such cancellation.

 

Simply put: We reserve the right to refuse fulfilling anyone’s order.

 

We have made all possible efforts to ensure an accurate representation of the Merchandise on the Website through pictures and descriptions. However, we shall not be held liable whatsoever for variations in the colour, size, shape and other physical attributes of the Merchandise that You perceive upon delivery of the Merchandise.

If You are not satisfied with Our Merchandise, You may return the Merchandise to us within fourteen (14) days from the date of receipt, subject to there not being any damage, wear and tear to the Merchandise in any manner whatsoever. Upon Our receipt of the returned Merchandise, we shall refund the Price of the Merchandise to You within fourteen (14) business days of such return.

 

Simply put: We try our best to showcase our collections in the most accurate way possible but we can’t promise we’ll be perfect. If you don’t absolutely love your purchase, just send it back to us within 14 days and we’ll take care of your refund.

 

In the event We receive any Order which involves the transportation of the Merchandise for the purpose of sale and delivery, from one state to another state within the territorial limits of India and such Order requires prior documentation from governmental authorities for the purpose of avoidance of dual taxation, we reserve the right to request any further information from You and/or charge an additional cost to You for the completion of the sale and delivery of the Merchandise.

 

Simply put: If we need more information in order to fulfill your order, we’ll ask.

 
PRICING AND PAYMENT

The price of Merchandise (the “Price”) on the Website is as displayed therein and Users who are desirous of purchasing Merchandise shall be required to pay the Price as applicable to each piece of Merchandise.

We at Our sole discretion reserve the right to decide the Price of Merchandise and revise and/or amend the Price from time to time.

The Price includes all applicable taxes such as sales tax, service tax, VAT and other charges for processing the Order. We reserve the right to charge any additional amount for the purpose of shipping the Merchandise to You over and above the Price of the Merchandise.

Users desirous of submitting an Order shall be required to make payment (the “Payment”) of the Price of Merchandise by the use of the payment gateway (the “Payment Gateway”) managed by [●] (the “Payment Manager”) Citrus, available on the Website for the purpose of issuing payment instructions in consideration for the purchase of Merchandise. It is clarified that the Company has duly authorized the Payment Manager to facilitate and process payments made by Users for the purchase of Merchandise on the Website.

 

Simply put: Our payments are managed by Citrus, a third party. Respect their terms and conditions too.

 

In the alternative You may pay the purchase Price in cash to our delivery representative at the time of delivery of the Merchandise, by exercising the Cash on Delivery (CoD) option while placing Your Order.

For the purpose of making Payments through the Payment Gateway, You shall be required to peruse and agree to the terms and conditions and privacy policy (the “Payment Gateway Policy”) issued by the Payment Manager prior to the initiation of the Payment process. It is clarified that We shall not be liable to You for the performance or the breach thereof of any of the terms of the Payment Gateway Policy in any manner whatsoever.

The settlement of Payment for the purchase of Merchandise shall be made in terms of the Payment Gateway Policy and other applicable laws.

 

SHIPPING AND DELIVERY

Upon the completion of the Payment process as contained in the Pricing and Payment section, we will endeavor to use the most commercially reasonable shipping methods for the transportation of the Merchandise to the destination as designated by You in the Order.

Subject to availability of stock of the Merchandise, we will ensure our best efforts to deliver the Merchandise to You within a reasonable period of time after the submission of the Order.

We will endeavor to communicate with You as regards the shipment of the Merchandise and delivery from time to time until the completion of delivery of the Merchandise.

 

Our goal is to deliver your purchases to you in the quickest time possible. We’ll keep in touch with you through the delivery date.

 
USER OBLIGATIONS

You shall provide true, accurate, current and complete information while submitting the Order.

You shall update registration information on the Website from time to time. In the event We have information to believe that the personal information provided by You is false or such personal information is being provided to conduct a fraudulent transaction, We reserve the right to cancel your Orders placed or cancel your registration on the Website.

Pursuant to an Order if there is a failure of delivery due to incorrect information supplied by You, we shall be entitled to receive further payments for re-delivery of the Merchandise under such Order.

 

Simply put: Double check your information before you submit your order. It is in your best interest as well as ours.

 

You shall provide authentic and true information in all instances where such information is requested of You. We reserve 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), We have the right in our sole discretion to reject the registration and prohibit You from using the services of the Website.

You may be required to produce valid identification issued by a governmental authority at the time of receipt of delivery of the Merchandise.

 

Simply put: “If you tell the truth, you don’t have to remember anything.”

 

You release and indemnify Us and/or any of Our officers and representatives from any cost, damage, liability or other consequence of any of the actions, direct or indirect, of any other Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding Our reasonable efforts in that behalf, We cannot take responsibility or control the information provided which You may consider to be offensive, harmful, inconsistent, inaccurate, or deceptive.

 

Simply put: Although we take inappropriate content on our site very seriously and we’ll scour the website for mean stuff, you may see something you don’t like before we have the chance to take it down. Please report it to us.

 

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Us. You understand that it shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person.

You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request.

It is your responsibility to comply with all the applicable laws, including without limitation the Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to any transaction related to this Website.

 

Simply put: We will comply with laws. You should too.

 
WEBSITE SECURITY AND CONTENT

Without prejudice to the provisions contained in the IT Act and other applicable laws, You are prohibited from violating the security of the Website. You shall inter alia abstain from engaging in any of the following activities:

Accessing data not intended for You or logging onto a server or an account which You are not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”;

Sending unsolicited email, including promotions and/or advertising of products or services by misrepresenting us and/or the Website;

Unless otherwise specified, We own all intellectual property underlying the Merchandise and also own the copyright to all the contents on this Website such as copyright underlying the images on the Website, the design and layout of the Website. We own and have all proprietary rights over the trademarks pertaining to brands used for the sale of its Merchandise. Other intellectual property are owned or duly licensed in Our favour.

Except as under the external links of social media platforms approved by Us on Our Website and except to the extent permitted under applicable law, You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Website without the prior written consent from Us.

While the Website is as accurate as possible, We cannot accept responsibility for any inaccuracies or errors beyond its reasonable control. We cannot guarantee that colours in the images displayed on the Website will be rendered accurately on different computer and electronic devices.

 

Simply put: Don’t spam, post viruses or try and hack into the site

 

We cannot guarantee that the Website is free from computer viruses, and You should take your own precautions in this regard.

The Website may contain links to other websites. It is clarified that these external websites are not under Our control in any manner whatsoever. We cannot be held responsible for content on such websites and cannot be made liable in any manner whatsoever for content on such other websites. We provide these links to other websites as ease of reference to You and for a better shopping experience or in order to facilitate other business and traders to advertise their products on the Website.

 

USER SUBMISSIONS

We may use devices, tools, techniques and software applications on the Website to facilitate You to submit comments and/or reviews on, Merchandise viewed, purchased or used or, any of the services provided by Us through the Website.

We may also use devices, tools, techniques and software applications to permit You to submit photographs in order to make Your experience with the website more interactive.

We reserve the right to peruse, examine and approve the comments and/or reviews and photographs submitted (the “User Submissions”) on the Website prior to such comments, reviews and photographs being posted for visibility.

It is clarified that You hereby agree to assign to us, all rights, including proprietary and intellectual property rights in your Submissions. We shall be under no obligation, to maintain confidentiality over content in your Submissions, compensate You in any manner for your Submissions, or respond to your Submissions.

 

Simply put: We would love it if you interact with us using our social media tools and spread the word about our brand!

 
TERM AND TERMINATION

These Terms of Use is effective unless and until terminated by either You or us. You may terminate these Terms of Use at any time by informing us in writing a registered post or by way of email that You no longer wish to be associated with this Website, provided that You discontinue any further use of this Website. Notwithstanding the foregoing, the Terms of Use set out herein shall, without exception, be applicable at all times to any purported transaction(s) approved by acceptance of an Order by Us.

We may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny You access to the Website. Such termination may be made by Us without any obligation or liability to remedy You in any manner

Upon any termination of these Terms of Use by either You or us, You will promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.

Termination of these Terms of Use shall not cancel Your obligation to pay for Orders already submitted on the Website or affect any liability that may have arisen against You or any liability that may have arisen under these Terms of Use.

 

Simply put: Write to us if you no longer want to be part of the Aria + Leya family.

 
MISCELLANEOUS

These Terms of Use shall be governed and construed in accordance with the laws of India. The Courts at Mumbai shall have the exclusive jurisdiction in any proceedings arising out of these Terms of Use.

 

Simply put: Mumbai is where you’ll have to sue us.

 

In no event shall we be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if the possibility of such damages has been informed.

You shall indemnify and hold harmless the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use.

 

Simply put: Besides selling beautiful intimate wear, we’re trying to build an interactive online community. However, we’re not responsible for various things. If you think we are, talk to us and lets try and resolve it.

 
 
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