INTRODUCTION
This website [●] (“Site”) is the domain name owned and operated by Gupta HC Overseas Private Limited and its group/affiliate company (“Oroh”). The term “we”, “us’, “our” shall mean reference to Oroh. This Site is operated for your personal use and information. The use of this Site is subject to the following terms and conditions (“T&C”). For the purpose of these T&C, the term “you” or “your” shall mean reference to the “User(s)”, who shall be any legal or natural person and who is allowed to surf the Site and make any purchase on the same. By accessing and browsing this Site, you shall be contracting with us and you unconditionally accept, without limitation or qualification, the binding obligations on you under these T&C. If you do not wish to agree to the outlined T&C, please refrain from using the Site.
To read the complete T&C, please see below
USE OF SITE
You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian. There may be certain age restrictions for specific services in various countries or regions.. By using our Site you hereby warrant and represent to us that you possess legal right and ability to create binding obligations. If we become aware that any User who does not possess legal right to use the Site or upon whom no legally binding obligations can be created, to use the Site is using the Site, we will restrict the access of the Site to such User as soon as possible. If you believe that any such User is using the Site or you have any information of such a User, please contact us at. [●]. Any User who chooses to access this Site from outside India is responsible for compliance under applicable international and Indian laws.
You shall provide true, accurate, current and complete information about yourself as required in Oroh’s registration form. Upon change or inaccuracy of any information provided by you on the Site, you shall be responsible to promptly inform Oroh and update the registration data. In case you provide any information in breach of this clause, and Oroh has reasonable suspicion on the same, Oroh reserves the right to confirm and validate the information provided by you at any point of time and has sole discretion to reject your registration, debar you from the using the Site and or other affiliated Sites and to indefinitely suspend or terminate your membership, without prior notice whatsoever.
You hereby represent that you shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password ‘mining’ or any other illegitimate means.
You shall not use the Site in any manner which may cause damage, harm to the Site or in any way which is unlawful, illegal, fraudulent or for harmful purpose or activity including but not limiting to use of the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software
You shall not use this Site to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent.
PRODUCTS
All products and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to these T&C. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
No act or omission of Oroh prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order, and an email shall be sent again to confirm dispatch and thus, the acceptance of the order.
You may purchase Products on the Site only for personal use and not for resale. By placing an order on the Site, you certify that you are purchasing Products for personal use only and not for resale and you accept the terms and conditions contained herein.
We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours will be reflected on your screen or monitor, we cannot guarantee that your screen or monitor’s display of any colour will accurately reflect the actual colour of the product as on the delivery. As all the products are handcrafted, there may be some variations in the actual product received. Packaging of the product may vary from the packaging of the product displayed on the Site.
All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or divide up orders. We will inform you if we are unable to fulfil your order.
Before placing an order on the Site, you shall check the product description and the T&C carefully. By placing an order for a product, you agree to be bound by the conditions of sale and invitation of offer included in the product’s description.
DELIVERY SCHEDULE
Your order will be delivered to the delivery address you specify when placing your order.
We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses. You are responsible for the shipping costs associated with the delivery of the products you purchase on the Site as specified on your order confirmation.
If you order product(s) for international delivery, they may be opened and inspected by applicable customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we do not control these charges. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included in the purchase price, then you will responsible for reclaiming any duties directly from your local customs office.
Please also note that you must comply with all applicable laws and regulations of the country for which the product(s) are destined. We will not be liable for any breach by you of any such laws.
The delivery of your order will be made as per the shipping information of Oroh. You may go to your “Order Status” section and determine the status of your order using your respective tracking number.
Oroh shall not be responsible for any damage or loss caused to you owing to delay in delivery due to any reason whatsoever. In the event of non-delivery on account of your mistake including but not limiting to wrong name or address or any other wrong information or refusal to accept the delivery, the re-delivery of the product shall be initiated and ordered by you and, shall made as per shipping information available on the Site, provided that you shall complete prior payment of such order. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
PRICING AND PAYMENT
Prices are in USD and include applicable sales tax (based on your shipping address), but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery method.
Prices of the products on the Site are subject to change without notice, and can vary from piece to piece, and from time to time, depending on the price of raw materials at the time of production. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
ONLINE PAYMENT
All payments on the Site are securely processed through our payment gateway partner. We accept most major credit and debit cards including Visa, MasterCard and American Express via Razorpay. You hereby represent that any card details provided by you for availing of services on the Site will be correct and accurate and that you shall not use any card which un-lawfully owned by you or in possession of you. You further agree and undertake to provide the correct and valid card details to us. Further the said information will not be utilized and shared by us with any third parties unless required for fraud verifications or under any law, by government authorities, or any regulation or court order. We will not be liable for any card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.
We endeavour to ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. The payment may be processed prior to the dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your respective card account. You will be notified by email if we are unable to complete your order and all information relating to the refund of the amount of order, if already paid.
SALE AND PROMOTION
All offers for sale on the Site shall be subject to the availability of stock with Oroh. Duration of the sale shall be decided by us in our sole discretion and we reserve the right to extend or terminate the sale, without further information or communication to you at any point of time. The products under the sale may be removed, altered, added or modified by Oroh and the discounted prices may also be changed, at our sole discretion.
We reserve the right to amend, add, alter, remove or modify, in whole or in part, any of the terms and condition of sale, or to replace, wholly or in part, ‘sale’ promotion by any another promotion, whether similar to the sale promotion or not, or to withdraw it altogether, and our decision in this regard shall be final and shall not require any intimation to the User.
In case of the redemption of any promotional gift voucher, offers, discount, or any such benefits provided under loyalty program by Oroh or by any of its’ affiliates, the same shall be redeemable only once and shall be governed by the terms and conditions of such loyalty program. These promotional benefits are only one-time use and will not be reversed fully or partially in case the customer makes full/partial exchange, return, or refund of all/few invoice items. Oroh holds all the rights to accept, reject, modify, or cancel this benefit without any prior intimation to the customers.
SIZING
Dimensions displayed on the Site are noted in centimetres. While we try to ensure that all measurements on our Site are accurate, errors may occur as each piece is unique. You shall be responsible to choose your size carefully. Shoe sizing is a challenge to get perfectly right. A sandal will fit much differently to a loafer or a sneaker of the exact same size. When sizing a shoe, pump or sandal, we make every effort to ensure a perfect fit on the first try.
CANCELLATION BY OROH
There may be certain orders that we are unable to accept and must cancel. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in your order being cancelled include without limitation are restriction on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional information or verification/s before accepting any order. We will inform you if the entire order or any portion of your order is cancelled or if additional information is required to accept your order.
We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your card issuer, if not captured by us in the time period stipulated by our merchant banker, will not be captured/ charged. If, however, the same is charged to your card/bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. Oroh reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.
CANCELLATIONS BY THE CUSTOMER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation. If you’d like to cancel an order, email us or talk to our customer support.
We reserve the right to recover the cost of products, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site, any other unlawful acts or omissions and acts or omissions in breach of these T&C.
RETURN AND EXCHANGE BY CUSTOMERS
Oroh do not provide any return or exchange on the orders placed on the Site.
PRIVACY
For information regarding our collection, processing and use of your personal information, please go through our privacy policy available at [●]. If you object to your personal information being used in this way, you must not use the Site.
COMMUNICATIONS
When you use the Site or send emails or other data, information or communication to us, you agree and understand that you are communicating with us electronically and you consent to receive communications via electronic records from us periodically, and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Oroh has the right to use the customer contact information for their own marketing purposes. We may send regular email updates to email Ids available with us.
SITE SECURITY
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and “flooding,” “spamming,” “mail bombing” or “crashing.”
- Sending unsolicited emails, including promotions and/or advertising of products or services.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting violations of system or network security may result in civil or criminal liability. Oroh will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this
site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g., Safari, Microsoft Edge, Google Chrome, Mozilla Firefox).
COPYRIGHT & TRADEMARK
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, written and other materials that are part of this Site (collectively, the ‘Contents’) are intended solely for personal, non-commercial use. Oroh, together with its licensors, reserves all intellectual property rights in all Contents which appear on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any Contents is transferred or licensed to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Site or any related software. All software used on this Site is the property of Oroh or its suppliers and they are protected by Indian and international intellectual property laws.
DISCLAIMER
Oroh do not warrant or represent that this Site will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Site will be free from bugs, viruses, worms, trojan horses or other harmful components. Information on this Site is provided to you “as is”, “with all faults” and without warranties of any kind whether express or implied. While our Site is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors.
We do not warrant that the Site will be constantly available, or available at all; or the information on the Site is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Site.
You understand and agree that use of the Site is at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access the Site, loss of data or other harm of any kind that may result. Oroh reserve the right to change any and all content and other items used or contained in the Site at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LINKS
The Site may contain links to other external sites and these external sites are not under our control. We cannot be held responsible for such sites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these sites.
By accessing the links, you may leave this Site and be directed to an external site, or to a site maintained by an entity other than Oroh. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. Oroh makes no warranty or representation regarding, and does not endorse, any linked sites or the information appearing thereon or any of the products or services described thereon. Oroh is providing these links to you only as a convenience and links do not, in any way imply that Oroh or the Site sponsors, endorses, is affiliated or associated with them. You hereby expressly acknowledge and agree that the linked sites are not under the control of Oroh and Oroh is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Oroh is not responsible for webcasting or any other form of transmission received from any linked site.
LIABILITY
Except in connection with death or personal injury resulting from Oroh’s negligence, in no event shall Oroh be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages, loss, claim, cost, fees, or expense (“Loss”) relating to or arising from this Site whether or not either party had or should have had any knowledge, actual or constructive, that such damages might be incurred. You assume total responsibility for your use of the website. Your only remedy against Oroh for use of the website or any content is to stop using the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
LIMITATION OF DAMAGES
In no event shall Oroh or any of its subsidiaries or affiliates be liable, in excess of purchase price of the order received by Oroh, to any entity, for any Loss, including without limitation, any loss in profits, business interruption, loss of information or programs or other data on your information handling system that are related to the use of, or the inability to use, the Contents, materials, and functions of this Site or any linked Site, even if Oroh is expressly advised of the possibility of such damages.
FORCE MAEJURE
Notwithstanding any other provision set forth in these T&C, Oroh shall not be liable for any failure or delay in its performance due to any cause beyond Oroh’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided,
however, that Oroh shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
INDEMNITY
You shall indemnify and hold harmless Oroh, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any fraud, negligence, claim, loss, damages, demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these T&C, privacy policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
PROFANITY POLICY
Oroh prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public space. This policy extends to your submissions, postings and all other areas of the Site that another User may view. Please report any violations of this policy for review to the grievance officer mentioned in these terms and conditions. If a feedback comment; or any communication between Users on the Site; or email communication between Users contain profanity, please review our feedback removal policy and submit a request for action/removal.
TERMINATION
These T&C are effective until and unless terminated by you at any time by informing us in writing at info@theorohlife.com that you no longer wish to be associated with this Site, provided that you discontinue any further use of this Site. We may terminate these T&C at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability on Oroh. Upon any termination of these T&C by either you or Oroh, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under these T&C or otherwise. Our right to any comments shall survive any termination of these T&C. Any such termination of these T&C shall not render invalid your obligation to pay for the product already ordered from the Site or affect any liability against you that may have arisen under the User agreement.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Oroh reserves the right at any time to modify the T&C without any prior notification to you. Subsequent to any such modification of the T&C, we will inform you of the modifications in the T&C through email at the email address provided by you while registering on the Site. You can access the latest version of the T&C at any given time on the Site. You should regularly review the T&C on the Site. In the event the modified T&C are not acceptable to you, you undertake to discontinue using the Site. However, if you continue to use the Site
you shall be deemed to have agreed to the modified T&C and you undertake to abide by the modified T&C.
GOVERNING LAW AND JURISDICTION
Subject to the Arbitration clause, any dispute between you and Oroh shall be governed by, construed, and enforced in all respects by the laws of India, without regard to choice of law provisions. Except where prohibited by law, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site shall be resolved in the courts located in the Agra, India. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Agra, India. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises..
ARBITRATION
If any dispute arises between you and Oroh during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these T&C or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Oroh. The place of arbitration shall be Agra. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
COOKIES
A cookie is a short string of data that lets this Site remember who you are, serving much like a unique membership ID. We use cookies to remember keys to some of your search preferences and other site preferences, so we may provide a more convenient experience during your next visit to this Site. Cookies do not store your personal information in it’s memory. When you leave our Site, we terminate our interaction with the cookie. The cookie stays on your computer and you can delete it any time you like. However, in that case you have to login again and re-enter your preferences, if any.
GENERAL
(a) Nature of relationship: None of the provisions of these T&C shall be deemed to constitute a partnership or agency between you and Oroh and you shall have no authority to bind Oroh in any manner whatsoever.
(b) Notice: Except as explicitly stated otherwise, any notice to Oroh shall be given by postal mail to Khasra No. 550, Artoni, Agra Mathura Road, Uttar Pradesh, 282007, India and any notice to you shall be emailed at such email address you provide to us during the registration process. In case the notice is sent to you, notice shall be deemed to be given 24 hours after email is sent, unless Oroh is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you to us during the registration process. In such case, notice shall be deemed to be given after 3 days from the date of sending the certified mail.
(c) Severability: If any clause of this T&C shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the T&C. These T&C set forth the entire understanding and agreement between you and Oroh with respect to the subject matter hereof.
(d) Transfer of rights: In Oroh’s sole discretion, it may transfer its rights and obligations under these T&C without your prior express consent.
(e) No waiver: The failure of Oroh to enforce any provisions of these T&C or to respond to a breach by you or any third party of these T&C or of privacy policy or other documents related to the subject matter thereof, it shall not in any way waive the right of Oroh to subsequently enforce any of the T&C contained herein or to act with respect to similar breaches.
(f) Entire Agreement: These T&C incorporated or referred to herein constitute the entire agreement amongst us with respect to the use of this Site and any transaction conducted on or from this Site and its contents, and supersede any prior understanding or agreement (whether electronic, oral or written).
(g) Survival: Notwithstanding any other provisions of these T&C, or any general legal principles to the contrary, any provision of these T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these T&C.
GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Arpit Gupta
Address: Khasra No. 550, Artoni, Agra Mathura Road, Uttar Pradesh, 282007, India Mobile No. :- +91 9720168868
Email ID:- info@theorohlife.com
Timings: 10:00 AM to 6:00 PM (IST), Mon. to Sat. (Not available on Sundays and Indian national/ public holidays)
CONTACT INFORMATION
For questions, please contact us at info@theorohlife.com or call on our helpline no. 18005719929. Helpline
numbers are only available between 10:00 am to 6:00 pm (IST), Monday to Saturday and are not available on Sundays and Indian national holidays.