Terms of Service

Siah by Ahadishika (”we”/”us”), a partnership incorporated with its registered office at TC-7/613(10) , “STHREE” , M.K.P Nagar , Maruthankuzhy , Trivandrum – 695030 , Kerala, India, is the owner and operator of the website siahbyahadishika.com (“Website”) and the registered owner of the brand name Siah by Ahadishika. Siah by Ahadishika engages in the business of clothing vis-à-vis its Website.

This Website displays certain goods for sale for personal use (“Products”). You agree that as a visitor of the Website or as a person purchasing Products, you will be governed by the terms and conditions contained herein (“Terms and Conditions”) along with the Privacy Policy, Shipping and Delivery Policy and Cancellation and Refund Policy, any modifications or amendments made thereto. You unequivocally agree that these terms and conditions constitute a legally binding agreement between you and Siah by Ahadishika.

If you do not agree to the Terms and Conditions, please do not use the Website.

You agree that Siah by Ahadishika retains the sole and exclusive right to amend or modify the Terms and Conditions without any prior permission or intimation to you and you expressly agree that any such amendments or modifications shall come into effect immediately and shall be binding on you. You have a duty to periodically check the Terms and Conditions and stay updated on their provisions and requirements. If you continue to use the Website following such a change, you will be deemed to have consented to any and all amendments/ modifications made to the Terms and Conditions.

If you have any questions with respect to the Terms and Conditions, please contact care@siahbyahadishika.com.

Eligibility

Use of the Website is available only to persons who have attained the age of majority and are competent to enter into legally binding contracts under applicable law. If you are a minor, you may use the Website only under the supervision of a guardian, a parent or a legal guardian who agrees to be bound by the Terms and Conditions. This Website is not available to persons whose registration has been suspended or terminated by Siah by Ahadishika for any reason whatsoever.

Contract of Sale

Listing and display of a Product(s) by us on the Website is our invitation to you to make an offer for purchase of such a Product(s). Likewise, the placement of an Order on the Site by you is your offer to buy the Product(s) from us.

Once you have placed an Order with us for purchase of a Product(s), you will receive an e-mail from Siah by Ahadishika confirming receipt of your Order and containing the details of your Order (“Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your Order and does not signify our acceptance of your offer. 

We only accept your offer and conclude the contract of sale for a Product(s) ordered by you, when the Product(s) is/are shipped or dispatched to you and an e-mail confirmation is sent to you that the Product(s) has/have been shipped or dispatched to you (“Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any Order for any reason whatsoever before shipping the Product(s). 

If your Order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package.   Each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation. 

Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal/personal purpose and not for re-sale or business purposes. You can cancel your Order for a Product(s) as per our Returns and Cancellation Policy. 

Fulfilment of all Orders placed on the Website are subject to the availability of such Product(s), our acceptance of your offer as per the above and your continued adherence to the Terms and Conditions. 

You agree that you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction(s) through this Website.

Accuracy of content 

Siah by Ahadishika has taken utmost care in the preparation of the content of this Website, in particular, to ensure that all Products have been fairly described. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the Products that appear on the Site. However, as the actual image you see will depend on your monitor, we cannot guarantee that your monitor’s display of any image will accurately reflect the colour, texture and general appearance of the Product on delivery. The Product pictures are indicative and may not match with actual Products.

Siah by Ahadishika disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. Siah by Ahadishika shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Personal Information 

As part of the registration process on the Website, Siah by Ahadishika shall collect certain personally identifiable information about you. Siah by Ahadishika respects the sensitivity of the information provided by you and we appreciate your trust in us. In this regard, Siah by Ahadishika has formulated the Privacy Policy, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object to the terms of our Privacy Policy, please do not use or access the Website. For more information, please refer to the Privacy Policy.

Account & Registration

All Customers have to register on our Website by creating an account and login to the same to place for placing Orders on the Website. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website at the time of creating the account.

You agree to keep your account and registration details current and correct for communications related to your purchases from the Website. If you provide any information that is untrue, inaccurate, not current or, incomplete, Siah by Ahadishika reserves the right to indefinitely suspend, terminate or block access toof your account  from with the Website and refuse to provide you with access to the Website. Siah by Ahadishika does not undertake any responsibility to evaluate the accuracy of the information provided by you. You understand that you may come across content on the Website which may be indecent, objectionable or offensive to you. You agree not to hold Siah by Ahadishika liable for any such content, including but not limited to any loss or damage of any kind incurred by you due to any errors in the content available on the Website. You agree to waive all and any rights to initiate claims against Siah by Ahadishika for violations of use of intellectual property, rights of privacy and publicity etc.

You understand that Siah by Ahadishika has the right but not the obligation to remove any content on the Website. Siah by Ahadishika reserves the right to delete or retain any content on the Website at its sole discretion.

Please note that you shall be responsible for maintaining the confidentiality of your login ID and password and you shall be responsible for all activities that occur under your login ID and password. In case of any unauthorized use of your account  orof any other security breach, kindly reach out to our customer care center by sending an email on support@siahbyahadishika.com immediately. Siah by Ahadishika shall not be liable for any unauthorised use of your account or any other security breach.

You agree to indemnify the Indemnified Parties for any losses suffered or incurred by them or any other Customer due to unauthorized use of their account or resulting from your failure to keep your account Information safe, secure and confidential.

Usage of Products

You understand and agree that any side effects caused by Product(s) purchased by you on the Website shall not make Siah by Ahadishika liable in any manner whatsoever. You agree to carefully read the individual descriptions in relation to the Products and consult a specialist if required.

Pricing 

The pricing information relating to the Product(s) shall be as disclosed to you at the time of your Order. All pricing information on the Website is in Indian Rupees. All prices are displayed inclusive of GST. Please note that the pricing of Product(s) is subject to fluctuations and adding Product(s) to your shopping cart is not a guarantee of Product(s) being available at the same price, in case the Order is not placed immediately after adding the Product(s) to the shopping cart. Transactions through the Website may be subject to a delivery charge where the minimum Order value is not met. You will be informed of such delivery charges at the stage of check-out. 

Payments

Payments can be made by Credit Card, Debit Card, Net Banking, Cash-on-delivery or other payment gateways or other payment options as may be available on the Website. You will be informed about the modes of payment that are available at the time of placing the Order. You might be required to provide your credit or debit card details to the approved payment gateways while making the payment.

You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate.

You shall not use any credit /debit card or other financial facility which is not lawfully owned/obtained by you or where you do not have the express authority from the owner to use the same. You also understand that any financial information submitted by you is not stored by the Website.

Siah by Ahadishika shall neither be liable for any credit/debit card fraud, nor shall it be liable for any unauthorized use of your debit/credit card for placing an Order. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. You will be solely responsible for the security and confidentiality of your credit/debit card details.

Upon successfully placing the Order, you will receive an confirmation of your Order Confirmation, as set out hereinabove. In the event that your payment is successful, but you do not receive an Order confirmation from us, please reach out to us (refer to the “Contact Us” portion of the Website).

Siah by Ahadishika will not be responsible if the bank or payment service provider declines the payment transaction initiated by you. Please note that payment/gateway services offered by third parties would be subject to the terms and conditions specified by such third parties.

Siah by Ahadishika shall not be responsible if an Order is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the Customer and the network operator without involving Siah by Ahadishika.

Restrictions

You shall not use the Website for any of the following purposes:

Disseminating any unlawful, harassing, libellouslibelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems.

Interfering with any other person’s use or enjoyment of the Website.

Breaching any applicable laws.

To solicit others to perform or participate in any unlawful acts;

Interfering or disrupting networks or websites web sites connected to the Website.

Making, transmitting or storing electronic copies of any Content without the permission of the owner.

To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

To collect or track the personal information of other Users or information or data relating to use of the Website by other Users.

Sending or inducing spam or viruses in our systems.

To interfere with or circumvent the security features of the Website or any related website.

For entering into any fraudulent or unauthorized transaction.

Intellectual Property

Unless expressly indicated otherwise, Siah by Ahadishika, its affiliates, its suppliers and licensors expressly own and reserve all intellectual property rights in relation to the contents of the Website including, without limitation, any and all rights, title and interest in and to copyrights, trademarks, trade names, service marks, designs, know-how, trade secrets, goodwill, text, images, illustrations, icons, photographs, music clips, video clips, programs, Products, processes, technology, content and other media and materials, which appear on this Website (“Intellectual Property”).

Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of Siah by Ahadishika’s Intellectual Property. All rights, including copyright, in relation to the Intellectual Property are owned by or licensed to Siah by Ahadishika. Any use of this Website and/or Intellectual Property, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Siah by Ahadishika.

You may not modify, distribute or re-post any of the Intellectual Property of the Website for any purpose. Access to this Website does not authorize you to use the Intellectual Property in any manner. 

The names and logos and all related Product(s) and service names, design marks and slogans are the trademarks or service marks of Siah by Ahadishika.

Siah by Ahadishika grants you a limited permission to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Siah by Ahadishika. This permission does not include any resale or commercial use of this Website, any collection and use of any Product listings, descriptions, or prices, any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Siah by Ahadishika. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Website or of Siah by Ahadishika and its affiliates. You may not use any meta tags or any other “hidden text” utilizing the Website’s or Siah by Ahadishika’s name or trademarks. Any unauthorized use terminates the permission or license granted by Siah by Ahadishika. 

All softwares used on this Website are the property of Siah by Ahadishika or its licensees and suppliers and are protected by Indian and international copyright laws. The Intellectual Property and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Intellectual Property on this Website are strictly prohibited. The compilation (meaning the collection, arrangement and assembly) of all Intellectual Property on this Website is the exclusive property of Siah by Ahadishika and is also protected by Indian and international copyright laws. 

Any Intellectual Property identifying Siah by Ahadishika or its Products or services are the intellectual property of Siah by Ahadishika. The Intellectual Property may not be used in connection with any product that is not offered by Siah by Ahadishika , in any manner that is likely to cause confusion among Customers or in any manner that disparages or discredits Siah by Ahadishika.

Indemnity 

You agree to defend, indemnify and hold harmless Siah by Ahadishika, its owners, licensee, affiliates, group companies (as applicable) and their respective employees, directors, shareholders, officers, agents and their successors and assigns (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of your actions or inactions including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms and Conditions or arising out of your violation of any applicable laws and regulations, infringement of intellectual property rights, non-payment of statutory dues and taxes, libel, defamation, violation of rights of privacy, or loss of service by other subscribers attributable to you.

This clause shall survive the termination of your legal relationship with Siah by Ahadishika. 

Limitation of liability 

The aggregate liability of Siah by Ahadishika, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a Customer for purchases made pursuant to an Order under which such liability has arisen and been established. 

It is acknowledged and agreed that, notwithstanding anything to the contrary contained herein, Siah by Ahadishika shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of opportunity loss, loss of profit, loss of reputation or loss of business opportunities. 

References on this Website to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Siah by Ahadishika endorsement, sponsorship or recommendation of the third party, information, Product or service. 

Siah by Ahadishika is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to use the link to any such third-party websites on the Website, you do so entirely at your own risk. 

In no event shall Siah by Ahadishika and/or its representatives be liable for: 

the use or inability to use the Website;

any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website; or

any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data.

Termination 

The Terms and Conditions contained herein shall be effective unless and until terminated by either you or Siah by Ahadishika. You may terminate your relationship with us by writing to us at support@siahbyahadishika.com. However, your personal information may remain stored in the archive on our servers even after the deletion or termination of your account. We do not take responsibility for data stored with third-party service providers.

Termination shall be subject to your discontinuation of any further use of the Website. Please note that any use of the Website after a Customer’s account has been closed will result in a legally binding relationship being entered into between Siah by Ahadishika and the Customer and becoming binding on both Siah by Ahadishika and the Customer, regardless of any prior termination.

Siah by Ahadishika may terminate the legal relationship at any time with or without cause and may do so immediately without prior notice and accordingly deny you access to the Website. Such termination will be without any liability to Siah by Ahadishika.

Upon any termination of the legal relationship by either you or Siah by Ahadishika, you must promptly destroy all contents downloaded or otherwise obtained from the Website, as well as all copies of Intellectual Property.

Siah by Ahadishika’s right to use and display any comments or reviews posted by you on the Website shall survive termination.

Please note that any such termination shall not cancel your obligation to pay for the Product(s) already ordered from the Website or affect or discharge any liability that may have arisen prior to termination. 

Governing Law and Jurisdiction 

This User Agreement shall be construed in accordance with the applicable laws of India. The courts at Thiruvananthapurm shall have exclusive jurisdiction in any proceedings arising out of this agreement. 

Grievance Redressal 

You may submit any grievance with respect to the Website or the Products, including with respect to any abuse on the Website, or any discrepancies or grievances with respect to access or usage of the Website in violation of the Terms and Conditions by any person, to the Grievance Officer and Nodal Officer at 

Name: Sindhu Krishna

E-mail ID: grievance@siahbyahadishika.com

Severability

If any part of these Terms and Conditions is declared to be invalid and/or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that is most similar to the intent the original provision and the remainder of the Terms and Conditions shall continue to be valid and in force. Unless otherwise specified, these Terms and Conditions, Privacy Policy, Returns and Refund Policy, Shipping and Delivery Policy constitute the entire agreement between you and Siah by Ahadishika with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Siah by Ahadishika’s failure or omission to act with respect to any breach committed by you or others does not waive its right to act with respect to any subsequent breach. You understand that the use of this Website and the Terms and Conditions contained herein do not create any agency, affiliation, or any form of a joint venture between you and Siah by Ahadishika as creating any agency, partnership, affiliation, joint venture or other forms of joint enterprise between us.

 Data protection

1. You expressly consent and agree to the Privacy Policy and Terms of Service provided on the Website of Siah by Ahadishika.
2. You agree that the address and contact details provided by you while placing an order within the Offer Period are accurate.

 Refund and Shipping Policies

1. You acknowledge that orders placed within the Offer Period are subject to Refund and Shipping Policies available on the Website.

Miscellaneous

These Terms and Conditions shall be governed and construed in accordance with the laws of India and the courts in Mumbai shall have exclusive jurisdiction to adjudicate any dispute arising out of these Terms and Conditions.

No promo codes or other offers shall be permitted on the orders placed within the Offer Period.

The Exclusive Merchandise Contest is subject to any force majeure events i.e. any event directly or indirectly resulting from any acts of God including but not limited to fire, flood, earthquake, or other natural disasters, an act of any sovereign including but not limited to war, rebellion, military or usurped power or confiscation, destruction or damage to property, riots, terrorist attacks, lockdowns, and lockouts by or under the order of any government or imposition of government law, judgment, order or decree, sanction, embargo or similar action, blockade, or labour dispute, epidemic, pandemics, accidents, strikes, explosions, or other similar or different contingencies which are beyond the control of Siah by Ahadishika and cannot reasonably be forecasted or provided against, and cannot be predicted by persons of ordinary prudence. In case of any such force majeure event, no liability in whatsoever manner can be attributed to Siah by Ahadishika.