Introduction:

This manual comprises electronic records under the provisions of the Information Technology Act, 2000, as applicable and amended by the Information Technology Act, 2000. It is published in accordance with Regulation 3(1) of the Information Technology (Intermediation Directive) Act, 2011. Aurecho, an online e-commerce portal under Indian law, is referred to as “aurecho.com,” owned by Alif Enterprises, with an address at 5th Floor, Patel House, Plot No. 48, Gazdar Bandh, North Avenue Road, Santacruz West, Mumbai- 400054. Your access to services, equipment and use of offerings and policies are governed by your compliance with the terms and conditions applicable to the site.

These Terms and Conditions become effective and binding upon your acceptance of the following Terms, Conditions, Privacy Policy, and Return for Registered and Guest Users. Aurecho reserves the right to amend the Terms and Conditions and/or the Rules and Regulations as required by the laws of India, as amended.

PART I: RULES & REGULATIONS

1. Membership Eligibility:

Aurecho’s Terms and Conditions are applicable to individuals eligible to enter contracts under The Indian Contracts Act, 1872. According to this Act, individuals such as minors, lunatics, those of unsound mind, and insolvents are deemed incompetent and restricted from entering into contracts. The eligibility criterion for entering into any contract is a minimum age of 18 years. If registering on behalf of a minor, the legal guardian/parent must do so. In case it is discovered or brought to Aurecho’s attention that an individual is under the age of 18 years, Aurecho reserves the right to cancel and terminate their existing membership. Membership is not granted for business entities or those representing companies unless they provide Aurecho with documentary proof or evidence of authorization by the business entity to accept these Terms and Conditions, thereby binding the business entity to these terms.

2. Account and Registration Obligations:

Upon accepting these Terms and Conditions as a user, you assume full responsibility for maintaining the confidentiality and security of your created user ID and password. As a Guest User accepting these Terms and Conditions, you are fully responsible for the confidentiality and security of your email ID and phone/cell number. It is your duty to control access to your computer and computer system/network. You agree to take complete responsibility for all activities under your user ID, password, email ID, and phone/cell number. Provide accurate and up-to-date information about yourself, including name, address, age, gender, contact number, whenever prompted by Aurecho. We strongly recommend providing a complete address with the proper pin code to avoid returns and penalty charges. Note that courier companies may impose penalties for incorrect shipping addresses, and such charges will be borne by you, not by Aurecho. You agree to bear charges for re-shipment of the same order. Rectification or change of address will only be permitted before dispatching your order. Once dispatched, rectification/change of address requests will not be granted. Aurecho is not responsible for postal delays resulting from incomplete addresses. If you provide untrue, incomplete, inaccurate, or misrepresented information, and if there are reasonable grounds to suspect the information’s accuracy, Aurecho reserves the right to terminate, block your access to the website, and cancel these Terms and Conditions as well as your membership.

3. Electronic Communications:

You agree to receive communications from Aurecho periodically and as necessary through electronic means. You also consent to and understand that the mode of communication will involve electronic records.

4. Services and Fees Structure:

No fees are imposed for membership or website access. Aurecho retains the complete right to levy charges for various additional services and, at its discretion, may introduce new services or apply fees to existing ones provided on the website. You agree to make payments for these services in the name of Aurecho. Your payment to Aurecho, in full compliance with all applicable laws, shall be deemed sufficient to release you from your obligations towards Aurecho regarding payments for raised invoices.

You agree and shall be responsible for complying with all applicable laws in India when making payments to Aurecho, including those members residing in India as well as members residing outside the territory of India. The website provides various types of services enabling users to purchase original products and accessories of various Aurecho brands, including Aurecho in- house brands, electronic gadgets and instruments, etc. Products can be purchased from the website through various payment methods available. The personal details provided by you to enable/access payment facilities shall be solely at your discretion and risk. For the safety and protection of your personal details, all required precautions have been taken, but no indemnity or surety is given to registered users or guests for any type of data leakage due to any mishap beyond our control. Products once sold shall be governed by specific policies such as return/replace/cancellation policy.

5. Privacy Policies:

By accepting these Terms and Conditions, the User affirms that they have read and comprehended the privacy policies of the website, and they find the terms of the policy and its content acceptable.

6. Taxes:

You agree to bear any and all applicable taxes, charges, cesses, octroi etc. levied thereon and also agree to pay all fees associated with the use and access of the website. Tax rules vary for place to place. Custom taxes/charges and import taxes are not included in our ordering process. Such type of taxes may be charged by your government. Aurecho doesn’t have any control over such type of taxes. You agree as an international customer that you will be fully responsible and payable for any customs or duty fees levied by your country.  They are entirely your responsibility. You also agree and understand that you may be charged additional service charge over and above custom duty on case-to-case basis by the courier companies and such costs/charges will be payable by you only.

7. Restrictions to the User:

On acceptance of these Terms and Conditions, the user promises and undertakes not to download, modify, copy, hack, distribute, transmit, display, perform, reproduce, publish, or sell anything obtained from the website. The User is strictly restricted from copying any patterns or designs of the products or attempting to re-sell the purchased products from the website. The User understands and agrees that copying the designs and patterns of the products from the website, including those tagged in the name of Aurecho or its various brands, for manufacturing unlimited production or wholesale purposes is strictly prohibited. Such actions may lead to various legal, civil, and criminal proceedings for which the User will be held fully liable for the associated costs.

8. General Rules:

By accepting, you commit to using the website and its provided services to post and upload comments, messages, and material that are appropriate and contribute positively to the website. You also undertake that when using a service/s you will not:

a) Defame, abuse, harass, stalk, threaten, or otherwise, violate the legal rights of other;

b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

c) Upload files that contain software or other material protected by the IP laws or copy any of the coding of the website or try to hack and manipulate the website unless you own or have the control or have been given the rights and powers or all necessary consents required from the authorized person of the website;

d) Upload or mail any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or other computer or device, server etc;

e) Conduct or forward surveys, contests, schemes or chain letters, emails;

f) Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;

g) Violate any applicable laws or regulations for the time being in force in or outside India;

h) Violate, abuse, unethical manipulation or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere.

9. Disclaimer for Product Exactness Not Guaranteed:

Aurecho disclaims any guarantee regarding the precision of the product/s ordered by the user, especially concerning the finish and appearance of the final product. Furthermore, Aurecho does not assure the quality of any product, services, information, or other material obtained through the website, and it may not meet your expectations.

Aurecho provides information regarding specific aspects of your order, such as merchandise brands, Aurecho in-house brands, size, color, etc. However, variations in these aspects may occur due to limitations caused by product availability or differences in size charts among respective brands. It’s essential to note that the color shades of the product displayed on the website may slightly differ from the actual color due to various settings on your monitor or viewing device (laptop/mobile/tab, etc.) or the impact of our digital photo shoots. We kindly request you to consider these minor variations.

If the ordered product is unavailable, a change request can be made. If not accepted within 10 days, you retain the right to reject the order. In such cases, your order will be cancelled, and a full refund will be issued via any available and convenient method provided by Aurecho.

10. Intellectual Property Rights:

a) Unless expressly indicated otherwise or specified in terms of proprietary material owned by a third party, Aurecho holds all Intellectual Property Rights to the Website. This includes, but is not limited to, rights, titles, names, and interests in copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, inventions, in-house brand names, goodwill, source code, meta tags, databases, text, content graphics, icons, and hyperlinks.

Upon acceptance, you agree not to use, reproduce, or distribute any content from the website without obtaining authorization from Aurecho.

b) Despite the above, it is expressly clarified that you will retain ownership and be solely responsible for any content you provide or upload when using any services. This includes text, data, information, images, photographs, music, sound, video, or any other material you upload, transmit, or store while using various services.

c) However, concerning the product customization service, other than blogs and forums, you expressly agree that by uploading and posting content on the website for public viewing and reproduction/use by third-party users, you accept the user agreement, whereby you grant a non-exclusive license for the use of the same.

d) Upon acceptance, you guarantee and certify that you are responsible for the content and products you submit or are authorized to use. The content/products do not infringe upon the property rights, intellectual property rights, or other legal rights of others. You also guarantee and certify that, to your knowledge, no action, suit, proceedings, or investigation has been instituted or threatened relating to the content/products, including trademarks, trade names, service marks, and copyrights formerly or currently used by you in connection with the services rendered by the website.

11. Links to Third Party Sites:

The website may contain different links to other websites “Linked Websites”. The linked sites are not under the control of Aurecho. Aurecho is not responsible for the content of any linked site, including without any limitation any link contained in a linked site, or any changes or updates to a linked site. Aurecho will not be responsible for any type of transmission, whatsoever, received by you from any linked website. There is no endorsement or any association with linked website or with their owners or operators, legal heirs, authorized signatory etc., Aurecho is only providing this linked website to you for your convenience and is also aware and requests the user to verify the accuracy of all information on their own, before undertaking any reliance on such information.

12. Disclaimer of Warranties/Limitation of Liability:

While you agree that all information provided on the website is true and accurate, Aurecho does not warrant or represent the quality of the product, accuracy, or completeness of any data, information, product, and service. Aurecho shall not be liable for any direct or indirect, punitive, incidental, special, or consequential damages, or any other damages resulting from:

a) The use or inability to use the services or product;

b) Unauthorized access to or alteration of user’s transmission data;

c) Any other matter relating to services.

In any case or situation Aurecho will not be liable or responsible in delay of delivering the product or inability to use the website or related services, the provision of or to provide services, or for any information, software, products, services and related graphics obtained through or during usage of the website, whether based on contract, tort, specific relief, negligence, strict liability or otherwise. Aurecho also notifies the user that the website may not be available during the maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Aurecho’s control. On acceptance of this agreement user also understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

13. Indemnification:

You agree to indemnify, defend and hold harmless Aurecho from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Aurecho that arise out of any restricted activity performed by you, resulting 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 pursuant to these Terms. You also agree to indemnify Aurecho in all types of cases and situations related to payments, taxes, octroi, penalty charges for providing wrong address by the shipping company, any losses/penalties/settlement amount occurring by your acts.   

14. Pricing:

Prices of all products are described on Aurecho and are incorporated into these Terms by reference. Prices, products and services may change as per Aurecho’s discretion.

15. Shipping:

a) Title and risk of loss for all products ordered by you shall pass on to you upon shipment facility available with Aurecho.

b) In the event of ordering two or more items, you may receive them in multiple boxes on different days due to varying item availability and shipping locations.

c) For transit safety purpose products may be shipped separately.

d) It is recommended by Aurecho that you provide a complete address with the proper pin code for your state to avoid returns and penalty charges. Please note that courier companies impose penalties for incorrect shipping addresses, where the address or pin code does not match. You will be responsible for paying such charges and penalties to the courier company, not Aurecho.

e) You agree that charges of re-shipment of the same order will be payable by you.

f) Rectification/change of address will only be allowed before dispatch of your order. Once your order is dispatched, rectification/change of address will not be granted.

g) Aurecho will not be responsible for postal delays resulting from incomplete address.

h) In case the courier company fails to deliver, you do not suffer any loss.

i) You agree that you solely will be responsible and in no way Aurecho will be responsible for lost and stolen packages or any full or partial or direct or indirect damages to the package after being left at your address by postal/courier agencies.

j) For shipments to any girls hostel/college/school, etc., a specific date and time should be mentioned when  placing the order to avoid returns due to permission issues for entering such premises. Aurecho will not be responsible for refunds or credits in such circumstances, nor will the order be re-shipped.

16. Warranty & Return Policy:

Aurecho requires up to 3 days after receiving the product to inspect and dispatch it. Upon receipt of the returned product, a new or repaired product will be dispatched to the same address it was originally delivered to.

17. Payment Policy:

Refund amounts will be credited to the customer’s bank account within 5-7 business days.

18. Termination:

Aurecho reserves all rights:

a) To suspend or terminate your use of the Website or any service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any terms of these Terms or anyway otherwise acted unethically;

b) Notwithstanding clause 16(a) above, these Terms will remain in effect indefinitely unless and until Aurecho chooses to terminate them.

c) That Aurecho will have no liability to you or any third party for terminating your use to the website or any service, for deleting any content or other materials relating to your use of the service;

d) You are responsible for the payment of any ordered service or product until the termination by either party. Additionally, you are entitled to receive royalty payments as per the Terms and Conditions, which have legally accrued to you.

19. Governing Law:

These terms shall be governed by and construed in accordance with the laws of India, without reference to conflict of laws principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Mumbai.

20. Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

21. Report Abuse:

As per the Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark etc.