TERMS & CONDITIONS
By using this site the user has unconditionally accepted the terms and conditions of use as given hereunder and/or elsewhere in the site.
- The user may carefully read all the information on products and services as provided in relevant sections and also in “FAQ”.
- This site is owned by RitualsMart., No material from this site or any other web site owned, operated, controlled or licensed by RitualsMart and/or associates or sister concerns may be copied, reproduced, republished, transmitted, downloaded, uploaded or in any other manner for commercial use or otherwise without the written permission of RitualsMart. Violation of this condition is a violation of copyright and other proprietary rights of RitualsMart and/or their associates or sister concerns or affiliates.
- The product/services provided on this site are without warranties of any kind either expressed or implied and RitualsMart disclaims all or any of them to the fullest extent. RitualsMart does not warrant that the products/services offered will be error-free, or that the defects will be corrected, or that this site or the server that makes it available are or will be free of viruses or other harmful components. Any warranties or After Sale Services if any offered by the Manufacturers/Vendors on any product shall be serviced directly by such Manufacturer/Vendor and RitualsMart shall not be under any obligation to ensure compliance or handle complaints.
- There is sometime a possibility of extra charges like Octrai, Taxes or Duties which are to be borne by the recipient at the time of delivery. Please note that www.RitualsMart.com does not control these charges as the Octrai& Taxes are applicable in some states in India and for some International deliveries duties may be levied as per the country norms.
- For Flowers, Sweets or other items that are perishable in nature, the delivery would be attempted only once. If the delivery is not executed during that attempt due to incorrect or insufficient address, recipient not at home, address found locked or refusal to accept, the customer shall still be charged for the order. No refunds would be entertained for such items.
- Since flower arrangements are hand-made, there may be a slight variation from the picture shown. However we will make sure that we deliver the flower arrangement as close as possible to the description/ photograph shown.
- The product specifications (weight, size, color etc.) mentioned with the product photos are only approximate. Most products here are handicraft items. There may, hence, be a variation in the pictures and the respective products. RitualsMart , in its absolute discretion, may deliver a similar / alternate product for reasons or exigencies beyond its control.
- Under no circumstances whatsoever shall RitualsMart be liable for any loss of data, lost profits or any damages whatsoever including, without limiting, any indirect, special, incidental, consequential or other damages that result from the use of or inability to use the products/services offered in the site. Notwithstanding the foregoing, in no event shall RitualsMart be liable to the user for any or all damages, losses, and causes of action (including but not limited to, negligence) or otherwise exceeding the amount paid by the user to RitualsMart for that specific service/product.
- In an effort to provide our customers with the most current information, RitualsMart will, from time to time, make changes in the Contents and in the products or services described on this Site. The prices advertised on this Site are for Internet orders. Prices and the availability of items are subject to change without notice. Any prices used on this Site may not be indicative of the actual selling prices in your area. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
- Notwithstanding any or all of the Terms, Conditions & Disclaimers stated herein above and in FAQ or elsewhere in the site, any refund or payment by RitualsMart to the user or anyone else acting on his behalf for any reason whatsoever, voluntarily or on being claimed by any user shall not become a waiver of any or all of the Terms, Conditions and Disclaimers made and shall not become a precedent for similar future actions/claims or confer any rights on the claimant. AND further that all such refunds/payments if any when made shall be subject to 10% deduction on account of Bank charges and other processing overheads.
- If the user has any question, doubts or confusion in regard to any of the terms & conditions set out herein he should seek clarifications from us through Email email@example.com and should wait for a written clarification before using the service.
The user of RitualsMart is presumed to have read all the terms and conditions herein and FAQ and is deemed to have agreed, understood and accepted unconditionally all the terms, conditions, procedures and risks of using the services and cannot at any time claim ignorance of any or all of them. All relationship of any user wheresoever situated is Governed by and in accordance with the laws of national capital territory, Kolkata, India.
TERMS AND CONDITIONS
Please read the terms carefully before using or accessing any material, information or services through the website. YOUR use of the website or any purchase made on the website shall signify YOUR acceptance of the terms and YOUR agreement to be legally bound by the same.
The terms and conditions (“TERMS”) of the website www.ritualsmart.com (“WEBSITE”) between the Company RitualsMart(hereinafter referred to as “RitualsMart” or “COMPANY”) and the users of the Website (“YOU” or “YOUR” or “YOURSELF” or “USER” or “PURCHASER”) areas follows:-
RitualsMart, via the Website, offers a platform to facilitate sale and purchase of
merchandise and artefacts manufactured or acquired by or on behalf of RitualsMart to the end users/customers (YOU).
ELIGIBILITY TO USE
By accessing this website, it is signified that YOU are eligible to enter into a contract under the Indian Contract Act,1872. If YOU do not conform to the prescribed qualifications, YOU are not permitted to avail of the Services. YOU represent that YOU are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
RitualsMart reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
USER ACCOUNT, PASSWORD, AND SECURITY
The RitualsMart may make some of the Services available to YOU, only if YOU have provided to RitualsMart certain required User information and / or created an account (“Account”) through an RitualsMart ID and password or other log-in ID and password (collectively, the “Account Information”).
YOU will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under YOUR Account. YOU agree to (a) immediately notify RitualsMart of any unauthorized use of YOUR Account Information or any other breach of security, and (b) ensure that YOU exit from YOUR Account at the end of each session. RitualsMart cannot and will not be liable for any loss or damage arising from YOUR failure to comply with these conditions. The User shall be solely liable for losses incurred by RitualsMart or any other user of or visitor to the Website due to authorized or unauthorized use of YOUR Account as a result of YOUR failure in keeping YOUR Account Information secure and confidential.
YOU shall ensure that the Account Information provided by YOU in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
If YOU provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or RitualsMart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RitualsMart has the right to suspend or terminate YOUR Account and refuse any and all current or future use of the Website (or any portion thereof).
YOU agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. YOU shall not use the credit / debit card which is not lawfully owned by YOU, i.e. in any transaction, YOU must use YOUR own credit / debit card. The information provided by YOU will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. YOU will be solely responsible for the security and confidentiality of YOUR credit / debit card details. RitualsMart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of YOUR credit / Debit card.
YOU agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
YOU agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that YOU will access the Website in accordance with the Terms and particularly Article 7.YOU agree not to violate or infringe any patent, trademark, copyright or any other proprietary rights of the Company or the Website
YOU agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by RitualsMart. YOU shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
By accessing or using the Website or Services, YOU may be exposed to content from other users that YOU may consider offensive, indecent or otherwise objectionable. RitualsMart disclaims all liabilities arising in relation to such offensive content on the Website. Further, YOU may report such offensive content in the manner prescribed below
If the Website allows YOU to post and upload any material on the Website, YOU hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws, particularly the Information Technology Act. Further, YOU undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with a person or entity;
iii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless YOU own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any RitualsMart server, or to any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
viii. 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 the Website. 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 of RitualsMart, including any RitualsMart Account not owned by YOU, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users.
- Use any device or software 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;
xii. Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of RitualsMart or other third parties;
xiii. Conduct or forward surveys, contests, pyramid schemes or chain letters;
xiv. Download any file posted by another user of a Service that YOU know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
xvi. Violate any code of conduct or other guide, which may be applicable to the Service;
xvii. Violate any applicable laws or regulations for the time being in force within or outside India and;
xviii. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;
YOU agree that YOU are solely responsible to RitualsMart and to any third party for any breach of YOUR obligations under the Terms and for the consequences (including any loss or damage which RitualsMart or its affiliates or its vendors may suffer) for any such breach.
USE OF MATERIALS
Except as expressly indicated to the contrary herein, RitualsMart hereby grants YOU a non-exclusive, freely revocable (upon notice from RitualsMart), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- YOU may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
- YOU may not modify or alter product catalogues or any other materials available on the Website; and
- YOU may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
The rights granted to YOU as specified above are not applicable to the design, laYOUt or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by RitualsMart.
Any software that is available on the Website is the property of RitualsMart.YOU may not use, download or install any software available at the Website, unless otherwise expressly permitted by RitualsMart.
YOU shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
YOU shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
RitualsMart shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decof authorization for any transaction for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by RitualsMart and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of RitualsMart or other third parties. YOU are not permitted to use the Marks without the prior consent of RitualsMart or the third party that owns the Marks.
RitualsMart owns all intellectual property rights to the trademark “thethnicstory” and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, YOU acknowledge and agree that YOU shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from RitualsMart or thirty party owner of such Content.
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to YOU on the email received by YOU from RitualsMart. The provision of Third Party Content is for general informational purposes only. YOU acknowledge that the Third Party Content provided to YOU is obtained from sources believed to be reliable. RitualsMart does not provide any guarantee with respect to any the Third Party Content and RitualsMart shall not be held liable for any loss suffered by YOU due to YOUR reliance on or use of such data.
RitualsMart may, in its sole discretion and without prior notice, terminate YOUR access to the Website if RitualsMart determines that YOU have violated the Terms or Additional Terms or any other duty owed to RitualsMart. Any violation by YOU of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to RitualsMart, for which monetary damages is likely to be inadequate, and YOU consent to RitualsMart obtaining any injunctive or equitable relief that RitualsMart deems necessary or appropriate. These remedies are in addition to any other remedies RitualsMart may have at law or in equity.
YOU agree to indemnify, defend and hold harmless RitualsMart, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by RitualsMart that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by YOU. Further, YOU agree to hold RitualsMart harmless against any claims made by any third party due to, or arising out of, or in connection with, YOUR use of the Website, any claim that YOUR material caused damage to a third party, YOUR violation of the Terms, or YOUR violation of the rights of any another person. RitualsMart will also be entitled to recover from YOU, and YOU agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to RitualsMart.
The Terms will continue to apply until terminated by either YOU or RitualsMart as set forth below. If YOU want to terminate YOUR agreement with RitualsMart, YOU may do so by (i) simply not accessing the Website; or (ii) settling any pending unpaid sums and closing YOUR accounts (if any).
RitualsMart may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
RitualsMart is required to do so by law (for example, where the provision of the Services to YOU is, or becomes, unlawful or pursuant to a request by a regulatory authority);
The provision of the Services to YOU by RitualsMart is, in RitualsMart’s opinion, no longer commercially viable;
RitualsMart has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to YOU;
For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of YOUR materials and / or Account Information, including YOUR personal information, log-in ID and password, and all related information, files and materials associated with YOU or inside YOUR Account (or any part thereof); and (iii) barring of further use of the Website or Services. RitualsMart may also delete any content or other materials relating to YOUR use of the Website.
RitualsMart shall not be liable to YOU or any third party for any such termination.
Termination or suspension shall not affect YOUR liability or obligation arising prior to such termination or suspension.
INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU agree to indemnify, defend and hold harmless RitualsMart from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by RitualsMart that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by YOU pursuant to these Terms or any Additional Terms applicable to the purchase of products and services on the Website.
In no event shall RitualsMart or its officers, directors, employees, partners or vendors be liable to YOU, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not RitualsMart has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with YOUR purchase of the products and services herein. Notwithstanding anything to contrary, RitualsMart’s entire liability to YOU under these Terms or otherwise shall not be more than the refund of the money paid byYOU for any specific Voucher or product or service, under which the unlikely liability arises.
Notice: All notices from RitualsMart will be served by email to the account designated by YOU or by general notification on the Website. Any notice to be provided to RitualsMart pursuant to the Terms should be shall be sent to its registered address.
Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
Waiver: Any failure by RitualsMart to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
Feedback and Information. Any feedback YOU provide to this Website shall be deemed to be non-confidential. RitualsMart shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, YOU represent and warrant that (i) YOUR feedback does not contain confidential or proprietary information of YOU or of third parties; (ii) RitualsMart is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) YOU are not entitled to any compensation or reimbursement of any kind from RitualsMart for the feedback under any circumstances.
Exactness Not Guaranteed. The Company and Website shall try their best to deliver products exactly the way they appear on the site. However, the nature of the artefacts and handicrafts is such that they cannot always be accurately described on a platform such as the internet. ritualsmart.com hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by YOU through the Website may not meet YOUR expectations. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged product via email to “firstname.lastname@example.org” within 7 days of receiving the Product. A representative from ritualsmart.com will review the evidence, and if it is found valid, ritualsmart.com will send an email communication to YOU requesting for a replacement. If the replacement Product is also damaged, and ritualsmart.com finds the evidence from YOU valid, then YOUR order will be cancelled and YOU will be fully refunded via YOUR initial method of payment. In all these cases, you have to make arrangement to ship the product. YOU agree in this instance, that ritualsmart.com will make the final judgment on whether a Product has been significantly damaged.
The Terms and all transactions entered and the relationship between YOU and RitualsMart and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District, India and YOU hereby accede to and accept the jurisdiction of such courts.
NEWSLETTERS AND COMMUNICATIONS
YOU hereby expressly agree to receive communications and newsletters from RitualsMart by SMS and e-mails. YOU can unsubscribe / opt-out from receiving communications and newsletters from RitualsMart at any time by following the ‘Unsubscribe’ procedure set forth in the Website.