This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made under it, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Introduction
Your use of this website ("website") and its services and tools is governed by the following terms and conditions. If you transact on this website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with Agarbatti Bazar, the trading name of Amit Agarbathi Centre, 12A Rajkumar Chakraborty Sarani, Sealdah, Kolkata – 700009, West Bengal, India, and these terms and conditions constitute your binding obligations.
For the purpose of these terms and conditions, wherever the context so requires, "You" shall mean any natural or legal person who has agreed to become a member of the website by providing registration data while registering on the website as a registered user using the computer systems of the website.
When you use any of the services provided by the website, including but not limited to customer reviews, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into these terms and conditions and shall be considered as part and parcel of them. Agarbatti Bazar reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms and conditions, Agarbatti Bazar grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.
2. Membership eligibility
Use of the website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors and un-discharged insolvents, are not eligible to use the website. If you are a minor, i.e. under the age of 18 years, you shall not register as a member and shall not transact or use the website. If you do not qualify, please do not use our services. Agarbatti Bazar reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
3. Your account and registration obligations
If you use the website, you shall be responsible for maintaining the confidentiality of your user ID and password and you shall be responsible for all activities that occur under your user ID and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these terms and conditions, we have the right to indefinitely suspend, terminate or block access of your membership and refuse to provide you with access to the website.
You will be required to enter a valid phone number and email ID while placing an order. By consenting and registering your phone number and email ID with us, you agree to be contacted by us via phone calls and/or SMS notifications/emails in case of any order, shipment or delivery related updates. We may also use your personal information to send promotional emails and/or SMS as opted and consented by you at the time of registration.
4. Communications
When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
If you are no longer interested in receiving email announcements and other marketing information from us, or you want us to remove any Personally Identifiable Information (PII) that we have collected about you, please email your request to amitsaha.u@gmail.com.
5. Use of the website
You agree, undertake and confirm that your use of the website shall be strictly governed by the following binding principles:
(1) You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- (a) belongs to another person and to which you do not have any right;
- (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- (c) is misleading in any way;
- (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- (e) harasses or advocates harassment of another person;
- (f) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
- (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- (h) infringes upon or violates any third party's rights, including but not limited to intellectual property rights and rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- (i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- (m) contains video, photographs or images of another person aged 18 or older without his or her express written consent and permission, or of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
- (n) tries to gain unauthorized access or exceeds the scope of authorized access to the site or to profiles, accounts, or other areas of the site, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- (o) engages in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the site;
- (p) solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
- (q) interferes with another user's use and enjoyment of the website or any other individual's use and enjoyment of similar services;
- (r) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, or contains content that would be prohibited or violates the letter or spirit of these terms and conditions;
- (s) harms minors in any way;
- (t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy, or is fraudulent or involves the sale of counterfeit or stolen items;
- (u) violates any law for the time being in force;
- (v) deceives or misleads the addressee/users about the origin of such messages, or communicates any information which is grossly offensive or menacing in nature;
- (w) impersonates another person;
- (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- (y) threatens the unity, integrity, defense, 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 to any other nation;
- (z) is false, inaccurate or misleading;
- (aa) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- (ab) creates liability for us or causes us to lose (in whole or in part) the services of our internet service providers or other suppliers.
(2) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve the right to bar any such activity.
(3) You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to our server, computer or network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.
(4) You shall not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer, including any account not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.
(5) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to the website.
(6) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
(7) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(8) You may not use the website or any content for any purpose that is unlawful or prohibited by these terms and conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Agarbatti Bazar or others.
(9) Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these terms and conditions and our Privacy Policy.
(10) 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 displayed on the website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the website. It shall be a violation of these terms and conditions 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 outside of the website without our or the other user's prior explicit consent.
(11) 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. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity, or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
(12) We reserve the right, but have no obligation, to monitor the materials posted on the website. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these terms and conditions. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the website. You hereby represent and warrant that you have all necessary rights in and to all content you provide and all information it contains, and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information.
(13) It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
(14) We shall have all the rights to take necessary action and claim damages that may occur due to your involvement or participation in any way, on your own or through group(s) of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).
6. Access to products
(i) Through this website, users can purchase a wide range of agarbatti, dhoop, dhuno, gila and dry dhoop, cones, camphor and wicks, and puja samagri and related products ("Products").
(ii) Access to and use of certain services on the website will be internet based. You will be responsible for obtaining internet connectivity and paying all fees in connection with it. You are solely responsible for smooth internet connectivity, and we shall not be held liable for any disruption in transmission of service due to technical and connectivity issues while availing the online services. In addition, you must procure all equipment necessary to ensure access to the internet and to be able to use the services and view the content, including but not limited to compatible mobile handsets, tablets, personal computers, routers and internet access services.
7. Terms and conditions with respect to purchase of products
(i) Payments. Customers can make online payments for their orders on the website by using the acceptable and valid payment instruments processed through the appropriate payment gateway, and the same will be governed by the terms and conditions between you, the payment gateway bank and your payment instrument issuing bank.
(ii) Payment liability. While availing any of the payment methods available on the website, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transactions; (b) any payment issues arising out of or during the transaction; or (c) decline of such transaction for any reason. You understand, accept and agree that the payment facility provided by us is neither a banking nor a financial service.
(iii) Shipping information. You are required to provide a proper and complete shipping address at the time of placing the order. You shall not change, modify, edit or vary the shipping address once the products are shipped or out for delivery. We shall not be responsible for any loss or delay or for any claim due to an incorrect shipping address provided by you at the time of placing the order. In such case of incorrect shipping address, the product will be returned to us by the delivery partner, and a coupon code or store credit will be given to you at our discretion. For further shipping related terms, please refer to our Shipping & Delivery page.
(iv) Returns / replacement. An unboxing video must be shared within 12 hours of delivery to amitsaha.u@gmail.com for any issue to be considered. A request for return/replacement of the products shall be raised by you for the products purchased on this website within 12 hours of delivery of the order in case of any defect in the product. Apart from the condition reserved above, the following products shall not be eligible for return or replacement if: any product exhibits physical damage to the box or to the product; any product is returned without all original packaging, including the retail box and all other items originally included with the product at the time of delivery; any product has no valid, readable, un-tampered batch/label marking; any product from which the barcode has been removed from its original packaging; or any product which is made exclusively for the customer. Any request for return of products for a reason other than a defective product shall be returned by you to the address mentioned in the delivery receipt at your own cost, and refund/replacement will be issued once the product passes our quality check. Replacement is offered only for products sold online through this website and on providing the necessary supporting documents as mentioned in the Return & Refund policy.
(v) Disclaimer. Due to continuous improvements in product quality, the actual item/product may occasionally differ from that illustrated or specified. We are not responsible for any omissions or typographical errors of descriptions and/or prices.
(vi) Cancellation of order. All products, services and information displayed on this website constitute an "invitation to offer". We reserve the right to cancel any order without any explanation for doing so, under a situation where we are not able to meet the requirement of the order placed, or the order so placed/cancelled does not comply with our policy, or for any other reason. However, we will ensure that any communication of cancellation of an order, if so cancelled, is intimated within a reasonable time to the concerned person, and any applicable refund will be made in a reasonable time.
(vii) Refund of order. For delivered orders, in case of product related orders, we will offer a refund of product value in case of manufacturing defect, damage due to transit, or wrong product received, on providing supporting documents. Our decision is final and binding in this matter. Charges incurred in the order (shipping fee, packaging charge, cash on delivery charge, bank charge) do not qualify for refunds.
(viii) Cancellations by the customer. In case we receive a cancellation request and the order has not been shipped by us, we shall cancel the order and refund the entire amount. Orders that have already been shipped out by us will not be cancelled, and you will have to check our return policy on those orders. In case of customised products, no cancellations are allowed once the ordered item has been taken up for production. The customer agrees not to dispute the decision made by us and to accept our decision as binding regarding the cancellation.
8. Contents
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the website is owned, controlled or licensed by or to Agarbatti Bazar.
Except as expressly provided in these terms and conditions, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
You may use information on our products and services made available by us for downloading from the website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any reviews, comments, notes, messages, emails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted by you to the website. Such content will become our property and you grant us worldwide, perpetual and transferable rights in such content. We shall be entitled to, consistent with our Privacy Policy, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include content you provide. You agree that any content you post may be used by us, consistent with our Privacy Policy and the rules of conduct set out here, and you are not entitled to any payment or other compensation for such use.
9. Other businesses
We do not take responsibility or liability for the actions, products, content and services on the website which are linked to affiliates and/or third party websites using our APIs or otherwise. In addition, the website may provide links to the third party websites of affiliated companies and certain other businesses, for which we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of any of these businesses or individuals or the content of such third party websites. We do not in any way endorse any third party website or content thereof.
You hereby acknowledge that any risk associated with accessing or using such links, linked third party websites or businesses is solely with you, and we are in no way responsible or liable in any manner whatsoever.
10. Links
We welcome links to this site. You may establish a hypertext link to this website, provided that the link does not state or imply any sponsorship or endorsement of your site by us. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the website, including any logos or characters, without the express written consent of Agarbatti Bazar and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website, or present in conjunction with or juxtaposed against such a website, any of the content or other materials on the website without our prior written consent.
11. Privacy
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information are among our most important assets. We store and process your information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000 and the rules made under it. Our current Privacy Policy is available on the Privacy Policy page of this website. If you object to your information being transferred or used in this way, please do not use the website, and write to us to remove your consent for processing your personal data, or with any grievance pertaining to your personal data, at amitsaha.u@gmail.com.
12. Disclaimers
This website, all the materials and products (including but not limited to software) and services included on or otherwise made available to you through this site are provided on an "as is" and "as available" basis without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing paragraph, we do not warrant that:
- the 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;
- this site, information, content, materials, products (including software) or services included on or otherwise made available to you through the website, or electronic communication sent from the website, are free of viruses or other harmful components;
- anything on the website constitutes, or is meant to constitute, advice of any kind;
- all the products sold on the website are governed by different state laws, and if we are unable to deliver such products due to implications of different state laws, we will return or give credit for the amount received from the sale of such product that could not be delivered to you;
- we are liable, under any circumstances, for any loss, injury or damage caused due to improper handling of the products, neglecting the safety guidance or precautions provided along with the products, or use contrary to the usage instructions provided with the products.
13. Payment methods offered
We will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (1) lack of authorization for any transaction(s); (2) the preset limit mutually agreed between you and your bank(s); (3) any payment issues arising out of the transaction; or (4) decline of transaction for any other reason(s).
All payments made against the purchases/services on the website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency with respect to the purchases made on the website.
14. Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily or indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the website in the event, but not limited to:
- you breach the terms and conditions or Privacy Policy or other rules and policies, if any;
- it is believed that your actions may cause legal liability for you, other users or us. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with the website 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 and conditions or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owed 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.
15. Indemnity
You shall indemnify and hold harmless Agarbatti Bazar, its 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 these terms and conditions, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party.
16. Fraudulent / declined transactions
We reserve the right to recover the cost of goods, collection charges and lawyers' fees from persons using the website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
17. Applicable law
This agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively Kolkata.
18. Trademark, copyright and restriction
This website is controlled, owned and operated by Agarbatti Bazar (Amit Agarbathi Centre). All material on this website, including product names, texts, graphics, images, illustrations, audio clips and video clips, are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly, and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Agarbatti Bazar owns or has licensed the brand name and other brands on the website, including without limitation all right, interest and title in all product marks, trademarks, content, text, graphics, label design, copyright, related rights, designs, know-how, trade secrets, goodwill, source code, meta tags, database and hyperlinks.
You agree not to use or apply for registration of any mark or domain name which is similar to the mark and domain name used on the website or owned by us.
19. Copyright complaint
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at amitsaha.u@gmail.com.
20. Risk of loss
All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
21. Product description
We try to be as accurate as possible in describing our products on the website. However, we do not warrant that product descriptions or other content on this website is accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
22. Pricing / typographical error
Prices for products are described on our website and are incorporated into these terms by reference. All prices are in Indian rupees. Prices, products and services may change at our discretion.
23. Limitation of liability
In no event shall we be liable for any lost profits or special, incidental, indirect, exemplary or consequential damages of any kind, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses in connection with this agreement, even if we have been informed in advance of the possibility of such damages.
24. Severability
If any provision of these terms of use is held by a court of competent jurisdiction to be contrary to law, or due to any change in law becomes contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these terms and conditions shall remain in full force and effect.
25. Grievance officer
In case of any grievance or complaint, you may contact the Grievance Officer as under:
Grievance Officer – Agarbatti Bazar
Amit Agarbathi Centre
12A Rajkumar Chakraborty Sarani, Sealdah, Kolkata – 700009
Phone: 8582999990
Email: amitsaha.u@gmail.com