Wari Art and Culture is an entity existing under the laws of India, conducting business, inter alia, under the brand name “Wari Art and Culture” (the “Website Provider”) provides the content and services available on this website (https://wariartandculture/, referred to as “Site”) to you subject to the following Terms and Conditions and the Privacy Policy and other terms and conditions and policies which you may find throughout our Site all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

1. General

To access and use this Site you must be over 18 years of age. If you are a minor, the prior authorization of your guardian is required for you to access and use this Site.

By accessing or using this Site, you acknowledge that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions. If you do not want to be bound by the Terms and Conditions, you must not use our Site/services. We reserve the rights to modify the terms contained herein at any time by publishing such modifications on the Site. The modified Terms and Conditions would be effective from the date of publication of such modification on the Site.

2. Privacy

Please review our privacy policy so that you may understand our privacy policies.

3. Pricing and Payment

Our Site displays the prices of our products. All prices are in Indian rupees (INR).

Prices, products and services may change at the discretion of the Website Provider.

We reserve the right to correct any errors, inaccuracies or omissions which may relate to product descriptions, pricing, offers and availability and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order/enquiries).

The Site uses the services of a third party payment payment processing provider for processing payments made on the Site OR through a provided payment channels by the Site. Your use of the payment gateway/payment channels will be subject to you adhering to the terms and conditions of use prescribed by the payment processing provider(s), over which we have no control. You acknowledge and understand that the payment gateway services made available through the Site are owned, controlled and provided by the payment processing provider(s) and hence, the Website Provider does not warrant and in no way will be liable for the timeliness of such services and the handover of payments through such services.

We shall not be liable in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our bank from time to time.

4. Delivery and shipping

We endeavour to deliver all orders within the mentioned estimated days of receipt of the ordered/enquired product. There may, however, be anomalies in delivery times but we will endeavour to keep these to a minimum. For details regarding timelines for delivery of bulk orders please contact connect@wariartandculture.com

Sales are “first come, first served”. The merchandise may not be restocked once sold out. No information regarding the presence of any product in our stock will be guaranteed and we will alert you only when an item is sold out.

All deliveries require the named person’s signature, so please ensure you are available at your selected delivery address to take delivery of the purchased products.

We reserve the right to cancel your order due to issues arising out of inventory or other internal issues or issues such as strikes, interstate regulations, delivery outrage etc. We will inform you of the cancellation of your order and will offer you a refund.

We currently ship products to customers located in India. 

5. Products and services for personal use

The products and services described on this Site, including any samples, are for your personal use only. Any resale of merchandise purchased from the Website Provider will not be permitted without prior permission.

We reserve the right to refuse or limit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors, or otherwise violate these Terms and Conditions. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, mailing address or telephone number provided at the time the order was made.

In case of bulk orders please email connect@wariartandculture.com

6. Accuracy of information

We attempt to be as accurate as possible when describing our products on the Site. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.

The quality of any products, services, information, or other material purchased or obtained by you through the Site may not meet your expectations.

You understand that all the products sold through the Site are locally sourced and hand-made with the intent of promoting a zero waste lifestyle without compromising quality. Therefore, you expressly acknowledge that there may be variations in the products due to certain factors including but not limited to climatic conditions, seasonal changes, traditional processes etc.

7. Intellectual property rights

All information and content available on the Site and its get-up and design, including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, data compilations and software, and its arrangement, selection, compilation and organisation, (collectively, the “Content”) is the property of the Website Provider and is protected by the laws of India, including laws governing all applicable forms of intellectual property.

Except as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes is not permitted.

8. Your obligations and responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Website Provider, our partners or any other person/entity that we work with.

You will not host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which you do not have any proprietary right; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or Threatens the unity, integrity, defence, 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. We retain the right to remove from the Site any content that contravenes any of the above conditions.

9. Third party links

We are not responsible for the content of any third party websites or any other websites linked to or from the Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any third party website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, third party website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all website pages that you visit.

We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking.

10. Suggestions

Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Suggestions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Suggestion, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, licence, distribute, sell or assign the Suggestion in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Suggestion in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Suggestion within or in connection with our products or services. You also acknowledge that your Suggestion will not be returned and we may use your Suggestion, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Suggestion, you represent and warrant that you own or otherwise control the rights to your Suggestion. You further represent and warrant that such Suggestion does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Suggestion. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Suggestion or any damages arising from any Suggestion.

11. Representations, Warranties and Limitation of Liability

The Site is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement, delivery, refund or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

Wari Art and Culture personal and home decor products are based on natural formulations. Our products contain components from natural elements. If you have any allergies please read the product label carefully.

Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal/home care/home decor products that you may be allergic to. You agree that the Website Provider will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. If any allergy or discomfort occurs upon the use of any product, please discontinue use immediately and consult a medical professional. 

In no event will we be liable for any DIRECT, indirect, special, punitive, EXEMPLARY, incidental, or consequential damages of any kind (including lost profits, LOSS OF REPUTATION) related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 1000/- only.

12. Limitation period

You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

13. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

14. Governing law

These Terms and Conditions shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.

15. Disputes

With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Mumbai, India.

In case any dispute cannot be resolved amicably at the first instance, the dispute shall be referred to a sole Arbitrator. The arbitration will be governed by the Arbitration Act, 1996. The venue of such arbitration shall be at Mumbai, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgement in any court of competent jurisdiction.

16. Severability

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

17. General

Full agreement: You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

Amendments: We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

No agency / partnership: Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

18. Termination

These Terms and Conditions are effective unless and until terminated by the Website Provider. You may terminate these Terms and Conditions at any time provided you cease further use of the Site. We also may terminate these Terms and Conditions at any time without notice and, accordingly, may deny you access to the Site if, in our sole judgement, you fail to comply with any provision of these Terms and Conditions

19. Redressal Of Grievances

If you have any questions or grievances regarding the Site, or the contents thereof, you may reach out to us at connect@wariartandculture.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised within a period of one (1) month from when it is raised.

20. Use Outside India

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside India or that the Site complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Site from territories where the content is deemed illegal is prohibited. Access to the Site from locations outside India shall be at your own initiative and you are responsible for compliance with local laws.