Welcome to Havenarth. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Havenarth marketplace platform https://www.havenarth.com (hereinafter referred to as "Platform")
The Platform is owned by Havenarth E-Commerce LLP, having its registered office at Sonai Road, Near Presidency Junior College, Silchar-788006, Cachar, Assam, India.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "Havenarth","We","Us","Our" shall mean Havenarth E-Commerce LLP and its affiliates.
When You use any of the services provided by Us through the Platform, including but not limited to, , You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Havenarth Policies including but not limited to Privacy Policy as amended from time to time.
1. Platform for Transaction and Communication:
i) Havenarth does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
ii) At no time shall Havenarth hold any right, title or interest over the products nor shall Havenarth have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
iii) The Havenarth is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Havenarth is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Havenarth hold any right, title or interest over the products nor shall Havenarth have any obligations or liabilities in respect of such contract. Havenarth is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
iv) Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
v) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Havenarth does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. Services Offered:
i) Havenarth provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as Handloom, clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Havenarth assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Havenarth assumes no liability with respect to the return or refund for the said reshipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Havenarth does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
i) immediately notify Havenarth of any unauthorized use / breach of your password or account
and
ii) ensure that you exit from your account at the end of each session.
4. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Havenarth has no control over such third party user generated content as Havenarth is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
i)do not remove any proprietary notice language in all copies of such documents,
ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
iii) make no modifications to any such information, and
iv) do not make any additional representations or warranties relating to such documents.
5. Selling:
As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Havenarth reserves the right to delete such multiple listings of the same product listed by you in various categories.
We may provide you alternation services for the Handlooms purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration.
6. E-Platform for Communication:
You agree, understand and acknowledge that Havenarth is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Havenarth is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Havenarth.
7. Trademark, Copyright and Restriction:
Platform is controlled and operated by Havenarth and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Havenarth is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Havenarth or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
8. Return & Replacement Policy:
Visit: https://www.havenarth.com/return_policy.aspx
9. Shipping Policy:
Visit: https://www.havenarth.com/shipping.aspx
10. Termination:
Havenarth may suspend or terminate your use of the Havenarth or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Havenarth chooses to terminate them.
i) If You or Havenarth terminates your use of the Platform or any Service, Havenarth may delete any content or other materials relating to your use of the Service and Havenarth will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Havenarth for purposes of tax or regulatory compliance.
ii) Havenarth may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Havenarth credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Havenarth.
iii) If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Havenarth by sharing multiple address and phone numbers or transacting with malafide intentions then Havenarth reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
11. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Havenarth make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Havenarth is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
12. Idemnity:
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of https://www.havenarth.com or their breach of the terms.
13. Liability:
In no event shall Havenarth be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
i) the use or the inability to use the Services or Products
ii) unauthorized access to or alteration of the user's transmissions or data
iii) breach of condition, representations or warranties by the manufacturer of the Products
iv) any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Havenarth shall not be held responsible for non-availability of the Havenarth during periodic maintenance operations or any unplanned suspension of access to the Havenarth. The User understands and agrees that any material and/or data downloaded at Havenarth is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Havenarth’s liability shall be limited to an amount equal to the Products purchased value bought by You. Havenarth shall not be liable for any dispute or disagreement between Users.
14. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Havenarth. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Havenarth nor shall Havenarth have any obligations or liabilities in respect of any transactions on Platform.
15. Contact Us:
At Havenarth, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Havenarth about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91-86-38438950 or access help center at https://www.havenarth.com/contactus.aspx