Terms and Conditions
These Azista Store Terms and Conditions apply to the website (www.azistastore.com) and all other online properties (the “Site”) operated by AZISTA INDUSTRIES PVT LTD, D/B/A Azista (“Azista Store”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below), is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully.
Consent:
The use of this Site entails your agreement to these Terms, as well as any other terms, guidelines, or rules applicable to any portion of this Site without limitation or qualification.
A user who is not in compliance with these terms and conditions is not allowed to use the website or its services.
To ask any questions about the Terms, please contact ecommerce@azistaindustries.com
Our Site helps you browse and purchase Azista's products. We run our website based on the below terms for the safety and benefit of our users.
- PRIVACY
Our Privacy Policy explains how we collect and use your personal information. Please refer to this document for more information. The Privacy Policy is hereby incorporated into these Terms by reference.
II.ELECTRONIC COMMUNICATION
By visiting the Site or sending us e-mails, you are communicating with us electronically. Furthermore, when you place an order on the website as a guest or when registering, you agree to accept the terms of service. This implies that you consent to receive communications electronically from us. You will receive communications from us by email or by posting notices to this Site. The electronic delivery of all agreements, notices, disclosures and other communications that we provide to you satisfies any legal requirement that such communications be in writing.
III.ELIGIBILITY
The Site is not intended for use by those under the age of 12.
PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER IF YOU ARE UNDER 12 YEARS OLD.
The following statement shall apply if you use the Site on behalf of a company, entity, or organization (collectively "Organization"):
(a) you are the authorized representative of that Organization; (b) you have the authority to bind that Organization to these Terms; and
(c) the Organization has consented to these terms.
COPYRIGHT
All content on this Site, including images, illustrations, designs, icons, photographs, video clips, written materials, and other materials (collectively, "Marks", as defined below), is the property of Azista Industries Pvt Ltd or its licensors, partners, or affiliates, and is protected by Indian and international copyright laws. Azista Industries Pvt Ltd owns and controls the compilation of this Site and is protected by both Indian and international intellectual property laws. A violation of any copyright laws and trademark laws, as well as privacy, publicity, and/or communication laws and regulations, is strictly prohibited. Please note that you can only use the materials or content on this Site with our express prior written authorization.
To inquire about obtaining authorization to use the materials or content on this Site, please contact us at ecommerce@azistaindustries.com
TRADEMARKS
The trademarks, service marks, trade names, and other content appearing on this Site (collectively, "Marks") belong to Azista Industries Pvt Ltd or their respective owners. It is forbidden for you to display or reproduce the Marks without the prior written consent of Azista Industries Pvt Ltd, and it is forbidden for you to delete or otherwise modify any trademark notices from any content offered or received through the Site.
LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human-readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser.
(c) Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise.
(d) Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
FEES AND PAYMENTS; SHIPPING
Prices
The price for products available for purchase through the Site will be displayed to you on the Site. Any applicable taxes will be communicated to you before you place an order. The shipping charges are based on order value.
Payment
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, debit cards, and net banking, as detailed on the applicable payment screen. You may also finance your purchase of products through Affirm, as detailed on the payment screen.
Warranty
Your Azista Industries Pvt Ltd product is covered by different warranty periods. If there is an issue with your product, then please review the Warranty conditions here and e-mail us ecommerce@azistaindustries.com
The Azista Products Warranty is incorporated by reference into these Terms. To the extent there is a conflict between the terms of the Products Warranty and these Terms, the terms of the Mattress Warranty will govern with respect to Products purchased from Azista Industries Pvt Ltd.
Returns
If you want to return any of the products that have a valid return policy in the first 7 days after your receipt of that product, then please follow the process detailed below for the product. Return shipping within India is free. You may cancel an order any time prior to shipment.
Product Returns: If you want to return your Purchased Product within the first 7 days after your receipt, please e-mail us.
The following conditions also apply to Product returns
Products must be in donatable condition to be eligible for return (e.g., no stains, tears, or another soiling including partial damages). Products shipped outside of India are not eligible for return.
Refund Mode and Duration:
within 5-7 working days of receiving the refund request
If your order is lost or damaged during the delivery process due to a fault of ours or of the logistics partner, we will employ our best efforts to work with you and the carrier to retrieve your shipment or to replace the damaged product.
Shipping:
When you place an order for Products through the Site, the Products will be shipped to the address you designate as the “Shipping Address” during the check-out process.
GIFT AND OFFER CODES.
From time to time, Azista Industries Pvt Ltd may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on Azista Industries Pvt Ltd. co, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Azista Industries Pvt Ltd in its sole discretion.
Only valid offer codes provided or promoted by Azista Industries Pvt Ltd will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Azista Industries Pvt Ltd (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by Azista Industries Pvt Ltd is non-transferable and valid for single use on an item (or items) of merchandise, as determined by Azista Industries Pvt Ltd. Offer codes cannot be used towards the purchase of non-branded merchandise, packaging, or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid for customers who elect to finance their purchase through Affirm.
Coupon codes may not be used in any stores. Azista Industries Pvt Ltd is not responsible for lost, stolen, or distorted codes, or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits are allowed.
You will not receive a refund for the dollar value of any coupon code, regardless of whether you return some or all the merchandise.
Expiry dates may apply to each offer code.
Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Azista Industries Pvt Ltd may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. If you receive an offer code from a third-party source, such as a television or radio show host, please be aware they may receive compensation from Azista Industries Pvt Ltd.
YOUR SUGGESTIONS:
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will
(a) own, exclusively, all now known or later discovered rights to the Creative Ideas.
(b) be under no confidentiality obligation and will not be liable for the use or disclosure of any Creative Ideas.
(c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person.
Reviews TO AZISTA INDUSTRIES PVT LTD
Please let us know what you think about our products and services. However, any Reviews you submit to Azista Store must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties, and must not include any profanity, obscene, indecent, pornographic, defamatory, or unlawful material.
By posting a Review, on the Site, you hereby grant Azista Industries Pvt Ltd an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Azista Industries Pvt Ltd and the Products. Moreover, you give Azista Industries Pvt Ltd a royalty-free license to Use the name, image, and likeness of any identifiable person whose likeness appears in any Review you post.
By posting a Review, you renounce all rights of publicity, privacy, and any other rights of a similar nature, in addition to any moral rights you may have. The following terms and conditions apply to you, except for materials provided by Azista Industries Pvt Ltd through the Site:
(i) You either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases necessary to grant to Azista Industries Pvt Ltd the rights in your Reviews as contemplated under the Terms, and
(ii) the Reviews you post to the Site should not
(A) infringe, misappropriate, or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy, or other intellectual property or proprietary rights,
(B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws, or other similar restrictions on non-consensual recording, or otherwise), or
(C) Involve Azista Industries Pvt Ltd in any licensing arrangements with a third party in any country or the payment of any sum to any third party anywhere in the world.
No Objectionable Content.
You agree not to submit Reviews that:
(i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Azista Industries Pvt Ltd in its sole discretion.
(ii) introduce viruses, time bombs, worms, cancelbots, Trojan horses, and/or other harmful or malicious code.
Monitoring.
Azista Industries Pvt Ltd has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any testimonials, remove, delete, redact, or otherwise modify such Content, at our sole discretion from time to time, without prior notice or further obligation to you.
Azista Industries Pvt Ltd is not obligated to display or post any Reviews. Azista Industries Pvt Ltd, subject to our Privacy Policy, reserves the right to disclose, at any time and as needed, any information or posted the content that it deems necessary or appropriate, including, but not limited to, to satisfy any applicable law, regulation, contractual obligation, legal process, or governmental request.
USE OF THE SITE
You agree to use the Site only for its intended purpose. You must comply with all applicable privacy, data protection, intellectual property, and other laws when using the Site. Using the Site for any of the following purposes is prohibited. You may not interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site.
Using data mining, robots, or other data gathering devices on or through the Site.
Provide incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity.
Disclose any personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent.
Please do not post advertising or marketing links or content, except as explicitly allowed by these Terms.
A violation of the Site's terms and conditions or an activity related to the Site that results in fines, penalties, or other liabilities to Azista Industries Pvt Ltd or others; accessing the Site from a jurisdiction where it is illegal or unauthorized.
DISCLAIMER
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. If you rely on material provided by third parties, you do so at your own risk. By using the Site, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes:
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. Any risks associated with dealing with third parties are your responsibility. Any disputes should be resolved directly between you and the other party. If disputes arise among users of the Site, you release Azista Industries Pvt Ltd from any claims, demands, or damages. You also agree not to involve us in such disputes. You should exercise caution and common sense when using this Site.
Content Accuracy.
We make no representations about the accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about the accuracy, reliability, completeness, or timeliness of any data from a third-party service provider, or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and disclaim all liability for specific results from the use of the Site.
Released Parties Defined.
“Released Parties” include Azista Industries Pvt Ltd and its affiliates, officers, employees, agents, partners, and licensors.
You expressly understand and agree that: (a) your use of the services is at your sole risk, and the services are provided on an “as is” and “as available” basis and the released parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services listed on the site, implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) the released parties make no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any goods or service available on the site will meet your expectations, or (v) any errors in the site will be corrected; and (c) any material downloaded or otherwise obtained through the use of the site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device that results from the use of any such material.
ON LIABILITY
The released parties will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Azista Industries Pvt Ltd has been advised of the possibility of such damages), resulting from any breach of this agreement by you: (i) the use or the inability to use the site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages
received or transactions entered through, from, or as a result of the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the site; (v) your reliance on content made available by us; or (vi) any other matter relating to the site.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, the released parties’ maximum liability arising out of or in connection with the site or your use of Azista Industries Pvt Ltd content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed INR 500.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Azista Industries Pvt Ltd Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
DISPUTE RESOLUTION
The Terms and the relationship between you and Azista Industries Pvt Ltd will be governed by the laws of Telangana, India without regard to its conflict of law’s provisions. You and Azista Industries Pvt Ltd agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the Telangana Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in India in the State of Telangana. You covenant not to sue Azista Industries Pvt Ltd in any other forum.
You also acknowledge and understand that concerning any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of Products, or these Terms:
You are giving up your right to have a trial by jury
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as
a member of a class of claimants, in any lawsuit involving any such dispute.
You must file any claim within 1 month after such claim arose or it is forever barred.
TERMINATION
If you violate any of these Terms, we reserve the right, without notice or liability, and at our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site. Upon termination, these Terms will still apply.
AUTHENTIC UPDATES AND REVISIONS CAN BE MADE AT ANY TIME
We review these Terms periodically to ensure that they comply with applicable law. We, therefore, reserve the right to update and revise these Terms at any time. As you visit the website, you can check if these Terms have been revised by referring to the "Effective Date of Current Policy" date at the top of this page; provided, however, that we will make every effort to provide you with prior notice of any material changes. You agree to accept the terms of these Terms as amended or revised by us from time to time by using our website, so you should review these Terms regularly to ensure that you are aware of their terms.
WAIVER
In the event we fail to enforce any rights or waive any breach of these Terms in part or in full, it will not prevent us from exercising those rights in the future or be considered a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Under these Terms and any other applicable agreement between you and us, our rights and remedies are cumulative, and the exercise of one right or remedy does not limit the exercise of another right or remedy.
SEVERABILITY
If any of these Terms are deemed invalid, void, or unenforceable for any reason, that term will be severed and will not affect the validity and enforceability of any remaining terms or conditions.
ENTIRE AGREEMENT
As between Azista Industries Pvt Ltd and the user of this Site, these Terms constitute the entire agreement between them, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, concerning this Site. The printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings based on these Terms to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.