Terms & Conditions

Avigna Retail Private Limited, a company incorporated in India under the provisions of Companies Act, 2013 (referred to herein as “Avigna”, “we”, “our” or “us”) is in the business of wholesaling and retailing various categories of goods across India through various modes of distribution channel (“Products” and/or “Services”). All transactions or the products ordered by you on the website www.Joshh.store (“Website”), which is designed, developed, operated, and maintained by Joshh International Pvt. Ltd. (“Joshh”) shall be fulfilled by Avigna. Avigna shall solely be responsible for fulfillment of all the orders placed by you including but not limited to invoicing, receipt of payment, delivery, exchange and returns of the products, after-sales service or support (if any), etc… You agree that Joshh will, in no event, its affiliates, officers, directors, agents, consultants, or employees be liable for any purchases made through the Website nor bears any responsibility of any nature whatsoever and you hereby waive any claims against joshh and or its representative arising as a result of or in relation to the website or purchases made of products or services including inter-alia claims relating to payment and delivery of the products and the like.

notwithstanding any oral or written information, opinions, evaluations, descriptions, or consultations of any kind furnished by avigna to the contrary, you specifically agree to the terms set forth below.

TERMS AND CONDITIONS:

1. These Terms set forth the terms and conditions which apply to the sale and purchase of the products between Avigna and you. Changes in law or changes in Avigna business may require changes to be made to the Terms from time to time (“Revised Terms”). As such, Avigna encourages you to review the Terms and any other terms and conditions periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms or any other terms and conditions.
2. You agree also that Avigna makes no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on the Website www. joshh.store (“Website”) and provides all Product(s) on an “as is” basis.
3. The products/services and information displayed on the Website are an “invitation to offer” to the public at large. Your order for purchase constitutes your “offer” which shall be subject to acceptance or rejection by Avigna and shall further be subject to the terms and conditions as listed below. All accepted offers shall be fulfilled by Avigna. If you have supplied your valid email address or contact number, Avigna will notify you by email or through SMS (as the case may be) as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of Avigna or Joshh before the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
4. Persons who are “incompetent to contract” under the Indian Contract Act, 1872 including minors, un-discharged insolvent, etc… or otherwise barred by law are not eligible to place the order for the product or use or transact on the Website. Persons under the age of 18 years cannot transact through or use the Website. Website is freely accessible to all the end-users however subject to the terms of use and privacy policy or any other terms and conditions.

SERVICES; ORDER, PRICING, AND PAYMENT:

1. The Services shall include:
   1. Supply of the ordered product to you;
   2. Procuring a logistics company experienced with collection and transportation to deliver your ordered Products (“Logistics Supplier”); and
   3. Avigna customer support, enabling you to contact Avigna at [email protected] with any queries which you may have in relation to your purchased Product/s.
      2. You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that particular order. All prices are displayed and are payable in Indian National Rupees.

• Avigna may not accept your order for Products if (a) the item/s is/are out of stock; (b) Avigna is unable to obtain authorization for your payment; (c) shipping restrictions apply to a particular Product / Location; (d) Avigna finds a Product or pricing error, or (e) for any other reason at Avigna’ s sole discretion. In any of these situations, Avigna will inform you that your order has not been accepted, will not process your payment, and will not be liable to you or any third party because of our decision to decline to process an order, or unwinding or suspending any transaction after processing has begun.
• From time to time there may be errors in the pricing which appear on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Avigna will in good faith try to resolve any issues which may arise as a result of such errors. You agree to cooperate with Avigna to resolve such issues, and you also agree that Avigna shall have full discretion to determine the appropriate resolution in such cases.
• While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. The decline of transaction for any other reason/s
  5. Avigna may offer multiple payment options through the various instrument(s) or mode(s) for the convenience of the customers. Avigna reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any of the above payment options shall at all times be subject to rules, regulations, and guidelines under applicable law and those prescribed by RBI, issuer banks, acquiring banks, facility providers, and other intermediaries involved in the payment process.
• All payment transactions are subject to validation by the issuer as applicable. If the issuer of your payment instrument(s) refuses to authorize payment, Avigna has the right to cancel the order. Avigna cannot be held responsible if this should result in a delay in dispatching your goods/Products.
• Avigna reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by the buyer with Avigna or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
• Avigna may do such checks as it deems fit before approving the receipt of/buyers’ commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Avigna. As a result of such check, if Avigna is not satisfied with the credibility of the buyer or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/buyers’ commitment to pay transaction price.
• All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
• Certain orders may constitute improper use of the Website and Services. Avigna reserves the right, at its sole discretion, to refuse or cancel any order for violating the terms and conditions mentioned herein. Your Account may also be restricted or terminated for any reason, at Avigna’s sole discretion.
• If a Product is listed at an incorrect price due to an error in pricing, Avigna shall have the right, at Avigna’s discretion, to refuse or cancel any orders placed for that particular Product. If a Product is mispriced, Avigna may, at Avigna’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
• Avigna reserves the right, at its sole discretion and without prior notice, to limit the quantity/value of items purchased per person per household or order. These restrictions may be applicable to order placed by the same account, the same credit card, and also to orders which use the same billing and/or shipping address.

SHIPPING

1. For Avigna to arrange to deliver any Products which you have purchased, you shall be solely responsible for providing the correct and accurate postal details.
2. Risk of loss and title for the Products shall pass to you upon delivery of your purchased Products by the Logistics Supplier.
3. Avigna is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s, or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false, or incomplete information provided by you.
4. Should you receive an item that is not in perfect condition please contact us immediately at [email protected] and arrange for the faulty Product to be returned to us.

RETURNS 

1. Avigna wants you to be pleased with your purchase, and so if for any reason you are not completely satisfied, Avigna will accept the return of your purchase, subject to terms and conditions for returns mentioned in the Returns Policy & Returns Process. Please go through the Returns Policy & Returns Process available on the Website. Products purchased through the Website should be returned new, unused, in their original packaging, and with the original invoice and all Product tags attached. Returns that are damaged, soiled, or altered may not be accepted by Avigna and may be sent back to you.
2. All payments made by you towards correctly returned Products will be refunded as per the Returns Policy & Returns Process. If you think that we have provided you with an incorrect refund, please contact us immediately at [email protected].
3. Please note card refunds may take up to 15 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and Avigna shall not be liable for any delays in refund by card companies or banks. Avigna offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing online transactions, the problems with Internet infrastructure currently available, and the working days/holidays of financial institutions.

LIMITATION OF LIABILITY AND INDEMNITY 

1. You agree, to the fullest extent permitted by law, to indemnify and hold Avigna, its directors, officers, employees, affiliates, group companies, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by Avigna as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless Avigna and its affiliates and group companies and from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to any breach by you of these Terms or any other terms and conditions on the Website.
2. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall avigna or any of its affiliates, group companies, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, business interruption, accuracy of results, or computer failure or malfunction, even if an authorised representative of avigna has been advised of or should have known of the possibility of such damages, arising out of or in connection with (i) the use of or inability to use the website; (ii) your use of or reliance on the website, any information, hyperlinks or content contained therein, or services included on or otherwise made available to you through this website; (iii) your provision of information, personal or otherwise, to avigna; (iv) the provision of services by avigna or; or (v) acts or negligence on the part of avigna. in no event will avigna be liable for any losses, damages, or expenses in excess of the amount paid by you towards the price of the product in respect to which the claim arose. you hereby release us from any obligations, liabilities, and claims above this limitation.

GENERAL

1. If any provision of these Terms and any other terms and conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and any other terms and conditions shall remain in full force and effect. The failure of Avigna to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Avigna’s rights with respect to such breach or any subsequent breaches.
2. These terms and any other terms and conditions shall be governed by the laws of India and any disputes shall be subject to the exclusive jurisdiction of courts at Chennai.
3. You acknowledge as well as agree that no joint venture, partnership, employment, or agency relationship exists between you, Avigna, and Joshh as a result of your use of this Website.
4. A reference to the Website in these Terms includes the website URL  www.joshh.store and any successor website URLs.
5. These Terms (i) constitute the entire agreement between you and Avigna with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you.
6. Avigna shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations, and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third-party Internet service providers.

Thank you for your cooperation. We hope you find this Website helpful and convenient to use.