Terms & Conditions

Effective Date: This Terms of Use was last revised on May 8, 2018


PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES. IF YOU DO NOT AGREE WITH ANY OF OUR TERMS, DO NOT USE THE SITE.


WE URGE YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE LIMITATIONS OF LIABILITY, ARBITRATION OF DISPUTES, A WAIVER OF CLASS ACTIONS AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.


Introduction and Overview

You have arrived at a web site that is owned and operated by Sankh Care Craft/NamasteNeemrana and/or its affiliates (“Namaste Neemrana” or “we,” “our” or “us”). This Terms of Use (“Terms”) governs your use of: (i) www.namasteneemrana.com and www.sankh.com (including, both mobile and online versions of the web sites); (ii) any other web site or mobile app that posts a link to these Terms; and (iii) your use of any interactive features, applications and/or other services that we make available to you through the site(s) (collectively, (i), (ii) and (iii) are referred to as the “Site”). By accessing and/or using the Site, you agree to be bound by these Terms, and acknowledge and accept the Site’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.


Use of our Service& Site Access

NamasteNeemrana.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NamasteNeemrana.com. You may not use any proprietary information (including images, text, page layout, or form) of NamasteNeemrana.com and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing NamasteNeemrana.com's name or trademarks without the express written consent of NamasteNeemrana.com. Any unauthorized use terminates the permission granted by NamasteNeemrana.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NamasteNeemrana.com so long as the link does not portray NamasteNeemrana.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NamasteNeemrana.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. 


Electronic Communications

When you visit NamasteNeemrana.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.


Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NamasteNeemrana.com or its content suppliers. The compilation of all content on this site is the exclusive property of NamasteNeemrana.com. All software used on this site is the property of NamasteNeemrana.com or its software suppliers.


Trademarks

NamasteNeemrana has filed its application for registration under the Trade and Merchandise Act and Rules at Delhi under different classes and awaiting registration. Any violation of our trademarks will be liable for legal action.


Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NamasteNeemrana.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

The Service is available through Google account and Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, NamasteNeemrana may require that your NamasteNeemrana user ID be the same as your user name for Facebook. If you sign into NamasteNeemrana through Facebook Connect, you will provide your Facebook account credentials to NamasteNeemrana, and you are consenting to have the information in that account transmitted into your NamasteNeemrana account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.

You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the NamasteNeemrana servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, NamasteNeemrana grants the operators of public search engines revocable permission to use spiders to copy materials from NamasteNeemrana for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to NamasteNeemrana, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments, and other content; send e-Gift Certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NamasteNeemrana.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant NamasteNeemrana.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NamasteNeemrana.com and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NamasteNeemrana.com or its affiliates for all claims resulting from content you supply. NamasteNeemrana.com has the right but not the obligation to monitor and edit or remove any activity or content. NamasteNeemrana.com takes no responsibility and assumes no liability for any content posted by you or any third party.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. NamasteNeemrana reserves the right, but is not obligated, to reject and/or remove any User Content that NamasteNeemrana believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  • NamasteNeemrana may exercise the rights to your User Content that are granted to NamasteNeemrana under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

By posting any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to NamasteNeemrana a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and NamasteNeemrana's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; however, NamasteNeemrana will only share your personally identifiable information in accordance with our then-current Privacy Policy. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.


NAMASTENEEMRANA SERVICE

We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. NamasteNeemrana does not warrant that the Mobile Software will be compatible with your mobile device. NamasteNeemrana hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one NamasteNeemrana account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that NamasteNeemrana may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and NamasteNeemrana or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the NamasteNeemrana Service.


MOBILE SOFTWARE FROM ITUNES

Risk Of Loss

All items purchased from NamasteNeemrana.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Product Descriptions

NamasteNeemrana.com and its affiliates attempt to be as accurate as possible. However, NamasteNeemrana.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by NamasteNeemrana.com itself is not as described, your sole remedy is to return it in unused condition.


Pricing

Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product and international shipping charges, unless specified otherwise in the Shipping Fees.

With respect to items sold on NamasteNeemrana.com, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by NamasteNeemrana.com.

The prices displayed on this site are quoted in U.S. Dollars which you can view in your preferred currency using the currency converter link. This currency converter is only indicative and a value added tool. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.


Shipping

All of NamasteNeemrana orders are shipped door-to-door from our warehouse in Neemrana, India to your provided shipping address via UPS/DHL/FEDEX Processing the order normally takes 2 working days and then Shipping normally takes 4-6 working days.

Shipping destinations offered by NamasteNeemrana.com for delivery will be extended and updated from time to time and listed online.

We do not ship backorders. We aim to keep every item on our website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.

We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.

UPS/DHL/FEDEX will attempt delivery 3 times at the delivery address specified by you in the order, before they contact us that your package is not deliverable. You can track the package through the Order Tracking facility. If the package status is shown as undeliverable please call UPS/DHL/FEDEX Customer Service at their local number and quote your tracking number to trace your package.


Duties And Taxes

All of NamasteNeemrana orders are shipped internationally from our warehouse in Neemrana, India to your provided shipping address via UPS. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. The large majority of orders will not have to pay any additional fees. However, we are unable to calculate when and how much these infrequent customs duty charges will be levied. In the case where additional customs charges are assessed, you will be responsible for paying these additional fees. To make your shopping experience as seamless as possible, we have arranged with UPS/DHL/FedEx to customs clear your goods for you and deliver them to your doorstep. If you are presented with an invoice from UPS/DHL/FedEx for import duties and taxes, you will have to pay UPS/DHL/FedEx directly at the time of delivery. NamasteNeemrana takes no responsibility for non-delivery of orders in case such taxes and duties are not accepted and settled by the recipient at the delivery address and will not provide any refunds in such cases.


Exchanges, Returns and Refunds

NamasteNeemrana will replace the product free of cost if you are not satisfied with your purchase for any reason. Exchanges or returns must be made within 10 days of receiving your order. You will need to fill out a Returns and Exchanges form within 3 days of receiving goods which is available on the website under Returns and Exchanges slab. Read our Return Policy. Once we receive your paperwork and returned goods, we will ship your replacement free of cost or issue a refund for the cost of the goods to the original credit card depending on your preference. Shipping charges will not be refunded and customers are required to pay for the shipping costs to return the goods to the US return address.


Sizing

The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you.


Product Properties and Wash Care

All of NamasteNeemrana's products are handcrafted using the finest natural fibres. The subtle variations in colour, texture and finish are intrinsic to hand made products. Our products involve crafts-based traditions of hand spinning, dying, weaving, wood block printing and embroidery. We use both vegetable dyes and commercial dyes with the goal of minimizing our impact on the environment while striving for the best colour properties. An irregular weave or print is not a defect - handloom by definition means uncertainty when it comes to uniformity.

Colours: We have done our best to display as accurately as possible the colours of the products shown on this Web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Reds and blues tend to run. Please always wash like colours together and dry inside out in the shade. Silks must only be dry cleaned.


Disclaimer of Warranties and Limitation of Liability

This site is provided by NamasteNeemrana.com on an "as is" and "as available" basis. NamasteNeemrana.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, NamasteNeemrana.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. NamasteNeemrana.com does not warrant that this site, its servers, or e-mail sent from NamasteNeemrana.com are free of viruses or other harmful components. NamasteNeemrana.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Whilst we try and ensure that the details, descriptions and prices of the products displayed on the Website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies.

To the maximum extent permitted by applicable law, NamasteNeemrana assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Website; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our Website by any third party.


Indemnification

You agree to defend, indemnify and hold NamasteNeemrana and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.


Applicable Law

By visiting NamasteNeemrana.com, you agree that the laws of India, under the jurisdiction of the Delhi High Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NamasteNeemrana.com or its affiliates.


Disputes

Any dispute relating in any way to your visit to NamasteNeemrana.com or to products you purchase through NamasteNeemrana.com shall be submitted to confidential arbitration in Neemrana, India, except that, to the extent you have in any manner violated or threatened to violate NamasteNeemrana.com's intellectual property rights, NamasteNeemrana.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site policies, modification, and severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to NamasteNeemrana.com. We reserve the right to make changes to our site, policies, and these Terms 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.

Namaste Neemrana, C/O Sankh Care Craft
Head Office: G188, EPIP-II, RIIO Industrial Area, Neemrana 301705. Email: hello@NamasteNeemrana.com,

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