Disclaimer of Warranty and Liability
Sukhara makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the Website. This Website, all Content, products, and services (including but not limited to software) made available to You through this Website are provided by Sukhara on an “as is” and “as available” basis, without any representations or warranties, express or implied, unless otherwise stated in writing. Without limitation, Sukhara does not guarantee that this Website will always be available or that the content on this Website will be complete, accurate, or free from errors. Sukhara will not be liable to You in connection with the use of the Website, including any inaccuracies in the Content. Additionally, Sukhara does not guarantee that the Website, its Content, servers, or emails sent from Sukhara are free from viruses or harmful components. The content provided on this Website does not constitute advice of any kind.
Sukhara shall not be liable for any loss, damage (direct, indirect, or consequential), personal injury, or expense of any nature incurred by You or any third-party, including your company, as a result of or attributable to your use of the Website, any content on the Website, or the transmission of your personal information over Sukhara's system. Sukhara will not be liable for any delays, errors, omissions, or non-performance caused by the transmission or provision of information on the Website.
You agree to indemnify, defend, and hold harmless Sukhara from any and all claims, liabilities, losses, damages, demands, costs, and expenses (including legal fees and disbursements) that arise from or are connected to any breach of your obligations under these Terms or any additional terms applicable to your purchase of products or services on the Website.
In no event shall Sukhara, its directors, employees, officers, partners, or vendors be liable to You or any third-party for any special, incidental, direct, indirect, consequential, or punitive damages, including loss of data or profits, arising from your use of the Website or your purchase of products and services, regardless of whether Sukhara has been advised of such potential damages. Sukhara’s total liability to You for any claims under these Terms shall be limited to the amount You paid for the purchase in question.
Sukhara is not liable for any third-party content, products, services, or links available on or through the Website. Any advertisements for third-party offerings provided on the Website or via email are for informational purposes only.
You understand and agree that any content downloaded or obtained through the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from the download of such content.
Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If such laws apply to You, some of the limitations in these Terms may not apply, and You may have additional rights. All products and services offered on the Website are governed by applicable state laws. If the sale of certain products or services is restricted in your state, Sukhara will provide a refund or credit for any such transactions. It is your responsibility to ensure the legality of the products you purchase in your state. Sukhara will not be responsible for non-compliance with state laws.
The exclusions and limitations outlined here apply to the maximum extent permitted by applicable law.
Privacy
Your use of the Website is governed by Sukhara's Privacy Policy. By using the Website, you confirm that you have read and fully understand the Privacy Policy and agree to its terms.
Membership Eligibility
The Website is available only to persons who can form legally binding contracts under applicable law. Persons who are considered “incompetent to contract” under the Indian Contract Act, 1872, including undischarged insolvents, are not eligible to use the Website.
If you are under 18 years of age, you may use the Website only with the supervision of a parent or legal guardian who is a registered user. Sukhara reserves the right to terminate your membership or refuse access to the Website if it discovers that you are under 18 years of age.
The Website is not available to individuals whose membership has been suspended or terminated by Sukhara. Membership is open to anyone who registers by providing accurate and complete information, including a valid email address, and obtains a unique username and password. Sukhara does not discriminate based on age, gender, race, religion, caste, nationality, or lifestyle. Sukhara permits only one registered membership per email address. Any exceptions, such as multiple users with one email address, require Sukhara's approval.
User Account
To access certain products and services, you must provide accurate and current information and create an account by completing the registration form. Using another user’s account information is strictly prohibited.
You agree that your use of the Website is at your own risk, and Sukhara is not responsible for any issues that arise. You are responsible for maintaining the confidentiality of your account and password and for any activity that occurs under your account. If there is any unauthorized use of your account or a security breach, you must notify Sukhara immediately. You also agree to log out of your account after each session. Sukhara is not responsible for any losses you may incur due to unauthorized use of your account.
Any information you provide to us as part of your account registration, purchasing, or feedback is defined as "Your Information." Sukhara will protect this information in accordance with its Privacy Policy. Sukhara reserves the right to suspend or terminate your account at any time, including if the information you provide is untrue, inaccurate, or incomplete.
By accepting these terms, you agree to use the Website in compliance with these provisions.
User Content for Sukhara
You are responsible for any notes, messages, emails, photos, profiles, opinions, ideas, images, videos, audio files, or other materials you post or transmit on the Sukhara website. By posting or transmitting any content, you grant Sukhara a perpetual, worldwide, non-exclusive, royalty-free, and transferable right to use, copy, display, perform, distribute, and create derivative works from your content in any media now known or developed later. You also grant other users permission to access, view, store, or reproduce your content for personal use.
You must not upload content protected by copyright, trademark, or proprietary rights without permission from the owner. You are solely responsible for any damage caused by your content infringing on third-party rights.
Sukhara is not responsible for monitoring user-generated content on the site and cannot control its nature. You are solely responsible for your interactions with other users and any content you post. Sukhara is not liable for any harm caused by user posts or interactions. However, Sukhara reserves the right to remove any content it deems objectionable.
Any feedback you provide on the Sukhara website will be considered non-confidential, and Sukhara is free to use this feedback without any restrictions. By submitting feedback, you confirm that it does not contain proprietary or confidential information. Sukhara is not obligated to compensate you for any feedback you provide.
Rules of Conduct for Sukhara
You must not post or distribute copyrighted material, trademarks, or other proprietary information without obtaining written consent. Sukhara may review and remove content that it deems offensive, illegal, or harmful. You are not allowed to post content that is offensive, harassing, promotes illegal activities, infringes on third-party rights, or violates privacy. Additionally, content that promotes hacking, viruses, or unauthorized access to the website is prohibited.
Users must not engage in unsolicited commercial activities, spamming, or any illegal or unauthorized activities on the Sukhara website. Any violations may result in Sukhara restricting your account or disclosing information to law enforcement when necessary.
Sukhara reserves the right to monitor and remove content that violates these terms. However, the responsibility for the content you post remains with you. You must use the Sukhara website in compliance with applicable laws and regulations.
Customer Communication
You agree to receive administrative and promotional communications from Sukhara via email, SMS, or other channels. You can unsubscribe from promotional content at any time by following the link in the emails or by contacting Sukhara directly.
All communications from Sukhara will be sent via email to the address provided in your account, and you agree that all electronic communications satisfy any legal requirement for written notice.
Payment and Order Processing
All payments made on the Sukhara website will be processed according to the displayed price. Sukhara may use third-party payment gateways, and you agree to their terms of service. You are responsible for ensuring that the payment information you provide is accurate and belongs to you.
Sukhara will not be liable for any issues arising from fraudulent payment details, and any disputes related to payment security must be handled by you. Additionally, Sukhara may request additional verification to confirm your payment method before processing your order.
Order Delivery and Returns
Sukhara will make reasonable efforts to deliver your order within the specified timeframe but cannot guarantee delivery times. In case of failed deliveries due to your absence, additional shipping costs may apply.
All products are shipped under a contract where the risk of loss transfers to you upon handing the product to the carrier.
If you receive a damaged or defective product, you must report it within 48 hours of delivery. Sukhara will verify your claim and may issue a refund or replacement. The final decision on refunds or replacements will be at Sukhara’s discretion.
Order Cancellation
Sukhara reserves the right to cancel orders due to stock unavailability, pricing errors, or suspicious activities. If your order is canceled after payment, a full refund will be issued through your original payment method.
Product Exactness
Sukhara strives to deliver products as accurately as they appear on the website. However, as many of our products are handcrafted, there may be minor variations in shape, size, color, texture, and design. Sukhara disclaims any guarantee of exactness beyond generally acceptable standards. The quality of the products, services, and content you purchase through the website may not always meet your expectations in these cases.
Changes to certain aspects of your order may be necessary due to product availability. If this occurs, Sukhara will reach out to you via phone or email using the contact information provided during your order. Should you disagree with any proposed changes, you have the right to reject them by responding within 5 days of receiving the request. In such cases, your order will be canceled, and you will receive a full refund via your original payment method.
Product Description
Sukhara makes every effort to provide accurate product and service descriptions on the website. However, Sukhara does not guarantee that all content is completely accurate, reliable, current, or error-free. If any product or service you receive is not as described, your sole remedy is to return it in unused condition.
Pricing Error and Discrepancy
Pricing displayed for products and services on the website is as stated. However, due to technical issues or typographical errors, prices may vary. In the event of such discrepancies, Sukhara reserves the right to rectify or cancel the order.
If the actual price is lower than stated, you will be charged the lower price and sent the product. If the price is higher than listed, your order will be canceled, and you will be notified of the cancellation.
Prices mentioned on the website are the Maximum Retail Price (MRP), inclusive of all applicable local taxes in India. Additional taxes may apply depending on the shipping destination. The tax rate applied will reflect combined state and local taxes in line with your shipping address. Sukhara reserves the right to charge delivery fees, including postal or shipping costs.
Third-Party Content and Links
The Sukhara website or emails may provide links to third-party content for informational purposes. These links are beyond Sukhara’s control, and we do not endorse or guarantee their content. Any reliance on such links is at your own risk. Sukhara disclaims any liability for loss caused by reliance on third-party content.
Force Majeure/Act of God
Sukhara will not be liable for failure to fulfill its obligations due to Force Majeure or Acts of God. Such events may include war, civil unrest, strikes, government actions, natural disasters, or other events beyond Sukhara’s control. Lack of funds does not qualify as Force Majeure.
Waiver
Failure by Sukhara to enforce any provision of the Terms at any time does not constitute a waiver of that provision or right.
Conflict of Terms
If there is any conflict between the website's Terms and any other relevant terms, the more specific terms will prevail for the section or module of the website in question.
Severability
If any provision of the Terms becomes unenforceable in a given jurisdiction, that provision will be deemed void only in that jurisdiction, while the rest of the Terms will remain valid and enforceable.
Applicable Law
The use of this website, the Terms, all transactions, and your relationship with Sukhara are governed by the laws of India. Any disputes arising from these Terms will fall under the jurisdiction of courts located in [Insert Region], India.
Violations of Terms of Use
Sukhara reserves the right to terminate your access to the website and cancel outstanding orders if it determines you have violated the Terms. You agree that violations may result in irreparable harm to Sukhara, entitling us to injunctive relief. Additionally, you agree to pay reasonable legal fees in such cases.
Termination
You may terminate your agreement with Sukhara by ceasing access to the website. Sukhara reserves the right to terminate access at its discretion, including for breaches of the Terms or technical or legal reasons. Sukhara shall not be liable for any such termination.
Terms of Use Language
Headings are included for convenience only. The Terms apply equally to singular and plural forms, and any reference to gender includes all genders. The words “include” and “including” should be interpreted as “without limitation.”
