Terms of service

1. OVERVIEW

Welcome to Averra (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”).

Our store is hosted on Shopify, which provides the platform enabling us to offer our Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Governing Law :These Terms of Service, your use of the Website, and any non-contractual matters or obligations arising out of or in connection with our Services shall be governed by, and construed in accordance with, the laws of the Republic of India.

Jurisdiction - Any dispute relating to these Terms or the Services provided by the Store shall be subject to the exclusive jurisdiction of the courts at Gurugram (Haryana). By using our Services, you hereby submit to the personal jurisdiction of such courts.

2. ELIGIBILITY AND ACCOUNT

· You must be at least 18 years of age or accessing the Services under parental/guardian supervision.

· To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You must provide accurate, complete, and current information.

· You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

· Accounts are non-transferable.

3. PRODUCTS AND SERVICES

· We strive to display products accurately; however, variations in color, size, or appearance may occur due to your device settings and configuration.

· We do not guarantee that products will meet subjective expectations.

· We reserve the right to:

o Modify or discontinue products

o Limit quantities

o Refuse service to any user

4. ORDERS AND ACCEPTANCE

· Placing an order constitutes an offer to purchase.

· Orders are confirmed only upon acceptance by us. We must receive and process your payment before your order is accepted.

· We reserve the right to:

o Cancel or refuse any order

o Modify order details

· Once confirmed, cancellation requests may not be accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

· You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

· Returns/exchanges are governed by our Refund Policy.

5. PRICING AND PAYMENT

· Prices are subject to change without prior notice.

· We may offer, from time to time, promotions on the Services that may affect pricing.

· Posted prices excludes:

o Taxes (including GST)

o Shipping or customs charges

· You agree that:

o You agree to provide current, complete and accurate purchase, payment and account information for all purchases made.

o You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, (v) We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

· In accordance with applicable Indian laws, including the Information Technology Act, 2000:

o The user is responsible for safeguarding payment instruments

o We are not liable for unauthorized transactions unless required by law.

6. SHIPPING AND DELIVERY

· Delivery timelines are estimates only and not guaranteed.

· Risk and title pass to you once the product is handed to the carrier.

· We are not liable for delays caused by:

o Logistics partners

o Customs

o Events outside our control

7. INTELLECTUAL PROPERTY

· Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, by Averra or its licensors.

· You may use the Services only for personal, non-commercial purposes.

· Unauthorized use, reproduction, or distribution is strictly prohibited.

· Nothing contained on this website should be construed as granting any licence or right to use any trademark without our prior written permission.

8. PROMOTIONS AND OFFERS

· Offers:

o Are valid for limited periods

o Cannot be combined unless stated

o May be withdrawn or modified at any time

· Misuse of offers may result in:

o Order cancellation

o Account termination

· Offer will be applicable only once per customer.

9. THIRD-PARTY SERVICES/TOOLS

· The Services may include third-party tools or links.

· We do not control or guarantee third-party content or services. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

· Your use of such services is at your own risk.

· Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

10. PRIVACY

Your personal data is handled in accordance with:

· Our Privacy Policy and certain personal information may be subject to Shopify’s Privacy Policy which can be viewed here.

· Applicable Indian laws, including:

o Information Technology Act, 2000

o Digital Personal Data Protection Act, 2023

By using the Services, you consent to such data processing.

11. USER CONTENT AND FEEDBACK

· Any feedback or submissions grant us a royalty-free, perpetual license to use it for any purpose, including for commercial use..

· You confirm that:

o You own the content or have rights to share it

o It does not violate any law or third-party rights

· We may edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

12. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

13. PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any Indian or international regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Averra, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Averra, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Averra, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

17. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

19. ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

20. GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the applicable laws of India. and construed in accordance with the territorial courts in the jurisdiction where Averra is headquartered. All disputes shall be subject to the exclusive jurisdiction of the competent courts in Gurugram.

21. HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

22. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

23. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contactus@averraonline.in.