Welcome to RIONA ARTS..!
For
the purpose of these Terms of Use, wherever the context so requires "You" or "User"
shall mean any natural or legal person who has agreed to become a buyer/downloader
on Platform by providing data while registering on the Platform as Registered
User. The term “We", "Us", "Our" shall mean Riona Arts/Riona and its affiliates.
When
You use any of the services provided by us through the Platform, including but
not limited to, (e.g. Product Reviews, Seller 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 this Terms of Use and
shall be considered as part and parcel of this Terms of Use. We reserve the
right, at our discretion, to change, modify, add or remove portions of these
Terms of Use, at any time without any prior written notice to you. You shall
ensure to review these Terms of Use periodically and at regular intervals for
updates/changes. Your continued use of the Platform following the posting of
changes will mean that you accept and agree to the revisions. As long as you follow
and comply with these Terms of Use, We grant you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform. By impliedly
or expressly accepting these Terms of Use, You also accept and agree to be
bound by Riona Arts Policies including but not limited to Privacy Policy as
amended from time to time.
1.
User/Buyer Account & Security:
If you use the Platform, you shall be
responsible for maintaining the confidentiality of your Name on the platform
and password and you shall be responsible for all activities that occur under
your name and password. You agree that if you provide any information that is
untrue, inaccurate, not current or incomplete or not in accordance with this
Terms of Use, We shall have the right to indefinitely suspend or terminate or
block your access on the Platform.
If there is reason to believe that there is
likely to be a breach of security or misuse of your account, we may request you
to change the password or we may suspend your account on the platform without
any liability on our shoulder, for such period of time as we deem appropriate
in the circumstances. We shall not be liable for any loss or damage arising
from your failure to comply with this provision.
In the event of a device being associated with
multiple logins or sign ups, as a measure to enhance customer's security and
privacy as well as safeguarding your sensitive information for any potential
risks, Riona sometimes consider moderating users and their association with
devices while using the Riona app or website.
Your mobile phone number is treated as your
primary identifier on the Platform. It is your responsibility to ensure that your
mobile phone number and your email address is up to date on the Platform at all
times. You agree to notify us promptly if your mobile phone number or e-mail
address changes by updating the same on the platform. You agree that Riona
shall not be liable or responsible for the activities or consequences of use or
misuse of any information that occurs under your account in cases, including,
where you have failed to update your revised mobile phone number and/or e-mail
address on the Platform. You agree to immediately notify Riona of any
unauthorized use/breach of your password or account.
If You share or allow others to have access to
Your account on the Platform ("Account"), by creating separate
profiles under Your Account, or otherwise, they will be able to view and access
Your Account information, You shall be solely liable and responsible for all
the activities undertaken under Your Account, and any consequences therefrom.
If you have not accessed platform for a period
of 1 Year, your data (including transactional data) will be deleted from our
record and you will not be able to access such data.
2.
Services Offered by Riona (including Cancellation, Exchange, Return):
Riona provides a number of services through
the platform. One such service enables users to purchase sarees on the
platform. The products can be purchased through the platform through various
methods of payments offered. The sale/purchase of products shall be
additionally governed by specific policies of sale, like cancellation policy,
exchange policy, return policy, etc. It is clarified that at the time of
creating a return request, users are required to confirm that the product being
returned is unused and has the original tags intact. If the product
returned by the user is used, damaged or if the original tags are missing, the
user’s return request shall be declined, and the said product shall be
re-shipped back to the customer. In the event that the return request is
declined, the user shall not be eligible for a refund, and Riona assumes no
liability in this regard. Further, in the event that the user fails to accept
the receipt of the said re-shipped product, the user shall continue to be not
eligible for a refund, and Riona assumes no liability with respect to the
return or refund for the said re-shipped product. In addition, these Terms of
Use may be further supplemented by product specific conditions such as wash
care, minute color variation, which may be displayed with that product.
3.
User Conduct and Rules on the Platform:
You agree, undertake and confirm that your use of the platform shall be strictly governed by the following principles which will be binding:
1.
Belongs
to another person and to which you do not have any right to
2.
Is
grossly harmful, harassing, defamatory, obscene, pornographic, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever
3.
Is
misleading in any way.
4.
Involves
the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming"
5.
Promotes
illegal activities or conduct that is abusive, threatening, obscene and
defamatory.
6.
Infringes
upon or violates any third party's rights including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address or phone number)
or rights of publicity
7.
Contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page)
8.
Provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses.
9.
Contains
video, pictures and photographs, or images of another person (with a minor or
an adult).
10.
Tries
to gain unauthorized access or exceeds the scope of authorized access to the platform
or to profiles, communities, account information, bulletins, friend request or
other areas of the Platform or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users.
11.
Interferes
with another user's use and enjoyment of the Platform.
12.
Infringes
any patent, trademark, copyright or other proprietary rights or third party's
trade secrets or rights of publicity or privacy.
13.
Violates
any law for the time being in force in the country.
14.
Threatens
the unity, integrity, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any
other nation.
15.
Shall
not be false, inaccurate or misleading
16. Shall not create liability for us or cause us to lose the services of our internet service provider.
1.
Users
fails to produce adequate documents during the payment details verification
1.
Products
ordered are not for self-consumption but for commercial resale.
2.
Multiple
orders placed for same product at the same address, depending on the product
category.
3.
Bulk
quantity of the same product ordered
4.
Invalid
address given in order details
5.
Any
malpractice used to place the order
6.
Any
order paced using a technological glitch/loophole e.g. orders using algorithms,
artificial intelligence.
ü You shall not use the Platform for any
unlawful and fraudulent purposes, which may cause annoyance and inconvenience
and abuses any policy and rules of the company and interrupt or causes to
interrupt, damages the use by other Users of Riona.
ü You shall not use any false e-mail
address, impersonates any person or entity, or otherwise misleads Riona by
sharing multiple address and phone numbers or transacting with malafide and
wrong intentions
ü You shall not attempt to gain
unauthorized access to any portion or feature of the platform, or any other
systems or networks connected to the platform or to any server, computer,
network, or to any of the services offered on or through the platform, by
hacking, password "mining" or any other illegitimate means.
ü You may not pretend that you are, or
that you represent, someone else, or impersonate any other individual or entity
ü You shall at all times ensure full
compliance with the applicable provisions of the Information Technology Act,
2000 and rules thereunder as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in Force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax,
Central Excise, Custom Duty, Local Levies) regarding your use of our service
and your listing, purchase, solicitation of offers to purchase, and sale of
products or services. You shall not engage in any transaction in an item or
service, which is prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in force.
ü You shall not engage in advertising
to, or solicitation of, other users of the platform to buy or sell any products
or services, including, but not limited to, products or services related to
that being displayed on the platform or related to us.
ü The Content posted does not necessarily
reflect Riona views. In no event shall Riona 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 platform.
ü Riona hereby disclaims any guarantees
of exactness as to the finish, appearance, size, color etc., of the final
product as ordered by the user. Riona Return & Exchange Policy offers you
the option to return or exchange items purchased on Riona within the return/exchange
period (Please read the Product Detail Page to see the number of days up to
which a product can be returned/exchanged, post-delivery). In case of return or
exchange of the purchased item, it will be subjected to Return and Exchange
policy of Riona.
4. Disclaimer of Warranties and Liability:
All the materials and products (including but
not limited to software) and services, included on or otherwise made available
to you through Platform are provided on "as is" and "as
available" basis without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, Riona does not warrant that: Platform will be constantly
available, or available at all or the information on Platform is complete,
true, accurate or non-misleading.
All the Products sold on platform are governed
by different state laws and if seller is unable to deliver such products due to
implications of different state laws, seller will return or will give credit
for the amount (if any) received in advance by seller from the sale of such product
that could not be delivered to You. You will be required to enter a valid phone
number while placing an order on the platform. By registering your phone number
with us, you consent to be contacted by us via phone calls and/or SMS
notifications, in case of any order or shipment or delivery related updates. We
will not use your personal information to initiate any promotional phone calls
or SMS.
5. E-Platform for Communication:
You agree,
understand and acknowledge that Riona is an online platform that enables you to
purchase products listed on the platform at the price indicated therein at any
time.
6. Indemnity:
You shall
indemnify and hold harmless Riona, 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, privacy
Policy and other Policies, or Your violation of any law, rules or regulations
or the rights (including infringement of intellectual property rights) of a
third party.
7. Trademark, Copyright and Restriction:
Platform is
controlled and operated by Riona. Material on Riona 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 Riona
or networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of right and is prohibited.
8. Limitation of Liability:
In no event shall Riona be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
9. Termination:
Riona reserve right to suspend or terminate your use of the Riona or any service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Riona chooses to terminate them.
10. Jurisdictional Issues:
The material
on the platform is presented solely for the purpose of sale in India. Riona
make no representation that materials in the Platform are appropriate or
available for use in other locations/Countries other than India.
GPS of the platform is restricted to India. Strictly no order will be accepted
from outside India.
11. Governing Law:
These terms
shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals,
fora, applicable authorities at Solapur, Maharashtra. The place of jurisdiction
shall be exclusively in Solapur, Maharashtra.
12. Payment:
While
availing any of the payment method/s available on the platform, 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:
All
payments made against the purchases/services on platform by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. Platform
will not facilitate transaction with respect to any other form of currency with
respect to the purchases made on platform.
Before
shipping / delivering your order to you, we may request you to provide
supporting documents (including but not limited to Govt. issued ID and address
proof) to establish the ownership of the payment instrument used by you for
your purchase. This is done in the interest of providing a safe online shopping
environment to our users.
Further:
1. Transactions,
Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bipartite
contractual obligations between Buyer and Seller and payment facility is merely
used by the Buyer and Seller to facilitate the completion of the Transaction.
Use of the payment facility shall not render Riona liable or responsible for
the non-delivery, non-receipt, non-payment, damage, breach of representations
and warranties, non-provision of after sales or warranty services or fraud as
regards the products and /or services listed on Riona’s Platform.
2. You
have specifically authorized Riona or its service providers to collect,
process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other users in respect
of transactions through payment facility. Your relationship with Riona is on a
principal to principal basis and by accepting these Terms of Use you agree that
Riona is an independent contractor for all purposes, and does not have control
of or liability for the products or services that are listed on Riona’s platform
that are paid for by using the Payment Facility. Riona does not guarantee the
identity of any User nor does it ensure that a Buyer or a Seller will complete
a transaction.
3. You
understand, accept and agree that the payment facility provided by Riona is
neither a banking nor financial service but is merely a facilitator providing
an electronic, automated online electronic payment, receiving payment through
Cash On Delivery, collection and remittance facility for the Transactions on
the Riona Platform using the existing authorized banking infrastructure and
Credit Card payment gateway networks. Further, by providing Payment Facility, Riona
is neither acting as trustees nor acting in a fiduciary capacity with respect
to the Transaction or the Transaction Price.
4. The
transactions of Rs. 2 lakh and above are
strictly prohibited on Riona.
Payment
Facility for Buyers:
1.
You, as a Buyer, understand that upon
initiating a Transaction You are entering into a legally binding and
enforceable contract with the Seller to purchase the products and /or services
from the Seller using the Payment Facility, and you shall pay the Transaction
Price through Your Issuing Bank to the Seller using Payment Facility.
2.
You, as a Buyer, may agree with the Seller
through electronic communication and electronic records and using the automated
features as may be provided by Payment Facility on any extension / increase in
the Dispatch and/or Delivery time and the Transaction shall stand amended to
such extent. Any such extension / increase of Dispatch / Delivery time or subsequent
novation / variation of the Transaction should be in compliance with Payment
Facility Rules and Policies.
3.
You, as a Buyer, shall electronically notify
Payment Facility using the appropriate Riona Platform features immediately upon
Delivery or non-delivery within the time period as provided in policies. Non
notification by you of Delivery or non-Delivery within the time period
specified in the policies shall be construed as a deemed Delivery in respect of
that Transaction. In case of Cash On Delivery transactions, Buyer is not
required to confirm the receipt of products or services.
4.
You, as a Buyer, understand that the Payment
Facility may not be available in full or in part for certain category of
products and/or services and/or Transactions as mentioned in the policies and
hence you may not be entitled to a refund in respect of the Transactions for
those products and /or services
5.
Except for Cash On Delivery transaction,
refund, if any, shall be made at the same Issuing Bank from where Transaction
Price was received, or through any other method available on the Platform, as
chosen by You.(For Cash On Delivery transactions, refunds, if any, will be made
via electronic payment transfers.)
6.
Refund shall be made in Indian Rupees only
and shall be equivalent to the Transaction Price received in Indian Rupees.
7.
For electronics payments, refund shall be
made through payment facility using NEFT / RTGS or any other online banking /
electronic funds transfer system approved by Reserve Bank India (RBI).
8.
Refunds may be supported for select banks.
Where a bank is not supported for processing refunds, you will be required to
share alternate bank account details with us for processing the refund.
9.
Refund shall be conditional and shall be with
recourse available to Riona in case of any misuse by Buyer. We may also request
you for additional documents for verification.
10.
Refund shall be subject to Buyer complying
with Policies.
Riona reserves the right to impose limits on the number of transactions or transaction
price which Riona may receive from on an individual Valid Credit/Debit/ Cash
Card / Valid Bank Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or through any
such facility authorized by Reserve Bank of India to provide enabling support
facility for collection and remittance of payment or by an individual buyer
during any time period, and reserves the right to refuse to process
Transactions exceeding such limit.
11.
Riona reserves the right to refuse to process
transactions by Buyers with a prior history of questionable charges including
without limitation breach of any agreements by Buyer with Riona or
breach/violation of any law or any charges imposed by Issuing Bank or breach of
any policy.
12.
Riona may do such checks as it deems fit
before approving the receipt of/Buyers commitment to pay (for Cash On Delivery
transactions) Transaction Price from the Buyer for security or other reasons at
the discretion of Riona. As a result of such check if Riona is not satisfied
with the creditability of the Buyer or genuineness of the transaction or other
reasons at its sole discretion, Riona shall have the right to reject the
receipt of / Buyers commitment to pay transaction price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment,
may be disabled for certain account users, at the sole discretion of Riona.
13.
Riona may delay notifying the payment
confirmation i.e. informing Seller to Dispatch, if Riona deems suspicious or
for Buyers conducting high transaction volumes to ensure safety of the Transaction
and transaction price. In addition, Riona may hold Transaction Price and Riona
may not inform Seller to dispatch or remit transaction price to law enforcement
officials (instead of refunding the same to Buyer) at the request of law
enforcement officials or in the event the Buyer is engaged in any form of
illegal activity.
14.
The Buyer and Seller acknowledge that Riona will
not be liable for any damages, interests or claims etc. resulting from not
processing a Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Riona
Compliance with Laws:
Buyer and Seller shall comply with all the
applicable laws (including 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 there under, 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 them respectively for using
Payment Facility and Riona Platform.
Buyer's arrangement with Issuing Bank:
13. Disclaimer:
You
acknowledge and undertake that you are accessing the services on the platform
and transacting at your own risk and are using your best and prudent judgment
before entering into any transactions through Riona. We shall neither be liable
nor responsible for any actions or inactions of sellers nor any breach of
conditions, representations or warranties by the sellers or manufacturers of
the products and hereby expressly disclaim and any all responsibility and
liability in that regard. We shall not mediate or resolve any dispute or
disagreement between you and the sellers or manufacturers of the products. We
further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability, completeness,
timeliness, performance, safety, merchantability, fitness for a particular
purpose, or legality of the products listed or displayed or transacted or the
content (including product or pricing information and/or specifications) on platform.
While we have taken precautions to avoid inaccuracies in content, this website,
all content, information (including the price of products), software, products,
services and related graphics are provided as is, without warranty of any kind.
At no time shall any right, title or interest in the products sold through or
displayed on platform vest with Riona nor shall Riona have any obligations or
liabilities in respect of any transactions on Platform.
Delivery
Related - User agrees and acknowledges that any claims regarding order delivery
(including non-receipt/ non- delivery of order or signature verification) shall
be notified to Riona within 3 days from the alleged date of delivery of product
reflecting on the Riona portal. Non notification by you of non-receipt or non-delivery
within the time period specified shall be construed as a deemed delivery in
respect of that transaction. Riona disclaims any liability or responsibility
for claims regarding non-delivery, non-receipt of order (including signature
verification in Proof of delivery) after 3 days from the alleged date of
delivery of product reflecting on the Riona portal.