Terms of Use of https://anaghas.com
This document governs
· the use of our website, and,
· any other related agreement or legal relationship with us
in a legally binding way.
You must read this document carefully.
Our website is provided by:
House Of Anagha
719, N.Haines Cir
Downingtown , PA -19335
USA
Contact email: houseofanagha@gmail.com
What you should know at a glance
Please note that some provisions may only
apply to certain categories of users. In particular, certain provisions
may only apply to consumers or to those users that do not qualify as
consumers. Such limitations are always explicitly mentioned within each
affected clause. In the absence of any such mention, clauses apply to
all users.
TERMS OF USE
Unless stated otherwise, the terms in this section apply generally when using our website.
Specific or additional conditions may apply in certain situations and are noted in this document.
By using our website, you confirm the following:
· you are older than 18 yrs of age ;
· you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;
· you are not on any U.S. government list of prohibited or restricted parties.
Account registration
To use the service, you can register or
create an account by providing complete and truthful information. You
can also use the service without an account, but this might limit some
features.
You are responsible for keeping your login
details confidential and must choose passwords that meet the highest
standards of strength as allowed by our website.
By registering, you agree to take full responsibility for all activities under your username and password.
You must immediately inform us using the
contact details in this document if you believe your personal
information, account, or login details have been violated, disclosed, or
stolen.
Conditions for account registration
Registration of accounts on our website
is subject to the conditions outlined below. By registering, you agree
to meet such conditions.
· It is not permitted to register accounts by bots or any other automated methods;
· You must register only one account, unless otherwise specified;
· Your account must not be shared with other persons unless otherwise specified.
Account termination
You can close your account and stop using
our service anytime by contacting us at the contact details provided in
this document.
Account suspension and deletion
We reserve the right to suspend or delete
your account at any time and without notice if we find it
inappropriate, offensive, or in violation of these terms.
Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.
The suspension or deletion of accounts due to
causes attributable to you does not exempt you from paying any
applicable fees or prices.
Content on the website
Unless otherwise noted, all content on our website is owned or provided by us or our licensors.
We do our best to ensure the content on our
website complies with all laws and respects third-party rights. However,
this may not always be achievable.
If you believe your rights are being
infringed, without prejudice to any legal prerogatives to enforce your
rights, please report any issues using the contact details provided in
this document.
Rights regarding content on our website - All rights reserved
We hold and reserve all intellectual property rights for all content.
You may not use such content in any way that is not necessary or implied for the proper use of the service.
Specifically, but without limitation, you may
not copy, download, share (beyond the limits mentioned below), modify,
translate, transform, publish, transmit, sell, sublicense, edit,
transfer, assign to third parties, or create derivative works from the
content on our website. You also cannot allow any third party to do so
through your account or device, even unknowingly.
Where explicitly stated, you may download,
copy, and share some content from our website for personal and
non-commercial use, provided you correctly implement copyright and other
required attributions.
Any statutory limitations or exceptions to copyright remain unaffected.
Access to external resources
Through our website, you may access
external resources provided by third parties. You acknowledge and accept
that we have no control over these resources and are not responsible
for their content or availability.
Conditions for third-party resources,
including any rights granted in their content, are governed by those
third parties' terms and conditions or by applicable law.
Acceptable use
Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.
You are solely responsible for ensuring your
use of our website and service does not violate any laws, regulations,
or third-party rights
We reserve the right to protect our interests
by denying you access to our website or service, terminating contracts,
and reporting any misconduct to the appropriate authorities if you are
involved in or suspected of the following:
· violating laws, regulations, or these terms;
· infringing on third-party rights;
· significantly impairing our legitimate interests;
· offending us or any third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of our products require payment.
Details about fees, duration, and conditions are described below and in
the dedicated sections of our website.
Product description
Prices, descriptions, and availability of
products are detailed in the relevant sections of our website and may
change without notice.
Although we strive for accuracy in presenting
products on our website, representations (including graphics, images,
colors, and sounds) are for reference only and do not guarantee the
characteristics of the purchased product.
The specific characteristics of the chosen product are outlined during the purchasing process.
Purchasing process
Every action taken from selecting a product to submitting the order is part of the purchasing process.
Once
the order is placed, you will receive confirmation of order via email.
You will receive another email confirming that your order has been
shipped.
Order submission
When you place an order, the following apply:
· submitting
an order determines the contract conclusion and obligates you to pay
the specified price, taxes, and any additional fees and expenses
outlined on the order page;
· if
the purchased product requires action from you, such as providing
personal information or specific requests, submitting the order means
you agree to cooperate accordingly;
· after submitting the order, you will receive a receipt confirming that the order has been received.
All communications regarding the purchasing process will be sent to the email address you provided.
Prices
During checkout and before order
submission, you will see all charges, including any fees, taxes, and
costs (including, where applicable, delivery costs).
On our website, prices are displayed including all applicable fees, taxes, and costs.
Shipping
by USPS will be free within the USA. If expedited shipping or priority
shipping is desired, there would be an added charge for it.
Methods of payment
Details about accepted payment methods are provided during the purchasing process.
Certain payment methods might have additional
conditions or fees. In these cases, more information can be found in
the related section of our website.
We accept Visa, Master card, American Express, Diners club, Discover, Apple pay, Google pay, Paypal
Retention of product ownership
Until payment of the total purchase price is received by us, any products ordered will not become your property.
Delivery
Products are delivered to the address provided by you and in the manner outlined in the order summary.
Upon delivery, please check the content and
report any issues promptly using the contact details provided in this
document or as outlined in the delivery note. If the parcel appears
visibly damaged, you may refuse to accept it.
Goods are delivered to the following countries: USA
Delivery times are outlined on our website or during the purchasing process.
USPS delivery would take 1-5 days business days
Failed delivery
We are not liable for delivery errors due
to incorrect or incomplete information provided by you during the
purchasing process nor for any damage or delays after delivery to a
carrier organised by you and not offered or recommended by us.
If the goods are not received or collected at
the time or within the period specified, they will be returned to us.
We will contact you to schedule a second delivery attempt or to agree on
a future course of action.
Unless otherwise agreed, each delivery attempt after the second one will be at your expense.
USER RIGHTS
Right of withdrawal
Unless exceptions apply, if you qualify
as a European consumer, you have the right to withdraw from a contract
within a specified period (usually 14 days), without giving any reason.
If you don’t fit this qualification, you cannot benefit from the rights
described in this section.
Exercising your right of withdrawal
To withdraw from a contract, you must
inform us clearly of your decision. This can be done using a withdrawal
form or by any other clear statement. Make sure to do this before the
withdrawal period ends.
Withdrawal period
· for goods, the withdrawal period ends 14 days after you or a designated third party takes physical possession of the goods;
· for
multiple goods ordered together or delivered separately, the withdrawal
period ends 14 days after you or a designated third party acquires
physical possession of the last good.
Effects of withdrawal
If you correctly withdraw from a
contract, we will reimburse you for all payments made to us, including
any delivery costs, if applicable.
However, any additional costs resulting from choosing a delivery method other than our standard option will not be reimbursed.
We will process your reimbursement promptly
and no later than 14 days after we receive your withdrawal notification.
Reimbursements will be made using the same payment method you used for
the initial transaction unless agreed otherwise. You will not incur any
costs or fees for this reimbursement.
... on the purchase of physical goods
Unless we have offered to collect the
goods, you must return them to us or to a person authorized by us
without delay and no later than 14 days after notifying us of your
decision to withdraw from the contract.
Your deadline is met if you hand the goods to
the carrier or return them as instructed before the 14-day period
expires. We may withhold reimbursement until we receive the goods or
until you provide evidence of returning them, whichever occurs first.
You are responsible for any diminished value
of the goods resulting from handling beyond what is necessary to
establish their nature, characteristics, and functioning.
You will bear the costs of returning the goods.
UK USER RIGHTS
Right to cancel
Unless exceptions apply, if you qualify
as a consumer in the United Kingdom, you have the right to withdraw from
a contract within a specified period (usually 14 days), without giving
any reason. If you do not fit this qualification, you cannot benefit
from the rights described in this section.
Exercising your right to cancel
To withdraw from a contract, you must
inform us clearly of your decision. This can be done using a
cancellation form or by any other clear statement. Make sure to do this
before the cancellation period ends.
Cancellation period
· for goods, the cancellation period ends 14 days after you or a designated third party takes physical possession of the goods;
· for
multiple goods ordered together or delivered separately, the
cancellation period ends 14 days after you or a designated third party
acquires physical possession of the last good.
Effects of cancellation
If you correctly withdraw from a
contract, we will reimburse you for all payments made to us, including
any delivery costs, if applicable.
However, any additional costs resulting from choosing a delivery method other than our standard option will not be reimbursed.
We will process your reimbursement promptly
and no later than 14 days after we receive your cancellation
notification. Reimbursements will be made using the same payment method
you used for the initial transaction unless agreed otherwise. You will
not incur any costs or fees for this reimbursement.
... on the purchase of physical goods
Unless we have offered to collect the
goods, you must return them to us or to a person authorized by us
without delay and no later than 14 days after notifying us of your
decision to withdraw from the contract.
Your deadline is met if you hand the goods to
the carrier or return them as instructed before the 14-day period
expires. We may withhold reimbursement until we receive the goods or
until you provide evidence of returning them, whichever occurs first.
You are responsible for any diminished value
of the goods resulting from handling beyond what is necessary to
establish their nature, characteristics, and functioning.
You will bear the costs of returning the goods.
GUARANTEES
Legal guarantee of conformity for goods under EU law
We guarantee the conformity of goods sold
to European consumers for at least 2 years from delivery. This
guarantee applies to goods on our website according to the laws of your
country.
The laws of your country may grant you broader rights regarding legal guarantees of conformity.
Conformity to contract for consumers in the United Kingdom
UK consumers have the right to receive goods that conform to the contract.
LIABILITY AND INDEMNIFICATION
We limit our liability as much as legally
allowed when executing agreements with you. This means our
responsibility for damages is reduced to the maximum extent permitted by
law unless explicitly stated otherwise or agreed upon with you.
Indemnification
You agree to indemnify us and our
affiliates, officers, directors, and employees from any claims or
demands made by third parties due to or in connection with any culpable
violation of these terms or third-party rights related to your use of
the service to the extent allowed by law.
Limitation of liability
Unless explicitly stated otherwise and
subject to applicable law, you cannot claim damages against us (or any
individual or entity acting on our behalf).
However, this exclusion does not apply to
damages affecting life, health, or physical integrity, damages arising
from the breach of significant contractual obligations (such as those
necessary to fulfill the contract's purpose), and/or damages resulting
from intentional or gross negligence, provided that our website has been
used appropriately and correctly by you.
Unless damages stem from intentional or gross
negligence, or they impact life, health, or physical integrity, our
liability is limited to typical and foreseeable damages at the time the
contract was entered into.
US users
Disclaimer of warranties
Our website is provided on an “as is” and
“as available” basis. When you use our service, you are doing so at
your own risk. We explicitly state that we are not making any promises
or guarantees, whether they are express, implied, or even required by
law. These include assurances about the quality of the service, its
suitability for your specific needs, or whether it infringes on anyone
else's rights. Please keep in mind that any advice or information you
receive from us or through our service does not create any warranties
beyond what we have explicitly stated here.
Additionally, while we strive to provide
accurate and reliable content, we cannot guarantee that it is always
going to be the case. We do not guarantee that the service will always
meet your requirements or be available when you need it. There might be
interruptions, or it might not function correctly due to factors beyond
our control. While we do our best to keep everything running smoothly,
we cannot ensure that the service will be free of harmful elements like
viruses. If you choose to download any content from our service, you are
assuming the risk, and we are not responsible for any damage it might
cause to your devices or data.
We do not endorse or guarantee any products
or services advertised through our service or any links we provide. We
are not involved in any transactions between you and third-party
providers, so any interactions or agreements you make with them are
solely your responsibility.
Our service might not always be accessible or
may not work correctly with your web browser, mobile device, or
operating system. While we strive to provide a seamless experience, we
cannot guarantee it in every situation. As such, we want to clarify that
we cannot be held responsible for any perceived or actual damages that
result from issues related to the content, operation, or use of our
service.
While we may have certain exclusions and
limitations in our agreement, these may not apply to you depending on
the laws of your jurisdiction. Federal law, as well as laws in some
states and other jurisdictions, may offer protections that supersede our
disclaimers and exclusions. This means that you may have specific legal
rights that are not affected by our agreement. It is essential to
understand your rights, as they may vary from state to state or country
to country. We want to emphasize that any disclaimers or exclusions in
our agreement will only be enforced to the extent permitted by
applicable law.
Limitation of liability
To the maximum extent permitted by
applicable law, in no event shall we, along with our subsidiaries,
affiliates, officers, directors, agents, partners, suppliers, or
employees, be liable for:
· any
indirect, punitive, incidental, special, consequential, or exemplary
damages arising from or related to your use of, or inability to use, the
service. This includes damages for loss of profits, goodwill, use,
data, or other intangible losses;
· any
damage, loss, or injury resulting from hacking, tampering, or
unauthorized access to your account or the information within it;
· errors, mistakes, or inaccuracies in the content provided;
· personal injury or property damage resulting from your use of the service;
· unauthorized access to our secure servers or personal information stored therein;
· interruption or cessation of transmission to or from the service;
· bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;
· errors or omissions in any content posted, transmitted, or made available through the service;
· defamatory,
offensive, or illegal conduct of any user or third party. Our liability
is limited to the amount you have paid us in the preceding 12 months,
or the duration of your agreement with us, whichever is shorter.
This limitation of liability section will
apply to the fullest extent permitted by law in the applicable
jurisdiction whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if you have been
advised of the possibility of such damage.
Please note that in some jurisdictions, the
exclusion or limitation of incidental or consequential damages may not
be allowed. This means that these limitations or exclusions might not
apply to you. You have specific legal rights, which may vary depending
on your jurisdiction. The disclaimers, exclusions, and limitations of
liability outlined here may not apply to the extent prohibited by
applicable law.
Indemnification
By using and accessing the service, you
agree to defend, indemnify, and hold us, our subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers, and
employees harmless from any claims, damages, losses, liabilities, costs,
or expenses, including legal fees, arising from:
· your use of the service, including any data or content you transmit or receive;
· your violation of these terms, including any breach of representations and warranties;
· your violation of third-party rights, such as privacy or intellectual property rights;
· your violation of statutory laws, rules, or regulations;
· any
content submitted from your account, including third-party access using
username, password, or other security measures, including misleading,
false, or inaccurate information;
· your intentional misconduct; or
· any
statutory provision by you or your affiliates, officers, directors,
agents, co-branders, partners, suppliers, and employees to the extent
permitted by law.
COMMON PROVISIONS
No waiver
Our failure to assert any right or
provision under these terms does not waive that right or provision. No
waiver will constitute a continuing waiver of such term or any other
term.
Service interruption
To maintain the best service level, we
reserve the right to interrupt the service for maintenance, updates, or
other changes, with appropriate notification.
We may suspend or discontinue the service
within legal limits. If discontinued, we will assist you in withdrawing
personal data and respect your rights regarding continued product use
and compensation under applicable law.
The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.
Service reselling
You may not reproduce, duplicate, copy,
sell, or exploit any part of our website or its service without our
express written permission, granted either directly or through a
legitimate reselling program.
Privacy policy
For information on the use of personal data, you can refer to our website's privacy policy.
Intellectual property rights
Without prejudice to any more specific
provisions in these terms, all intellectual property rights associated
with our website, including copyrights, trademark rights, patent rights,
and design rights, are exclusively owned by us or our licensors. These
rights are protected by applicable laws and international treaties
concerning intellectual property.
All trademarks, whether nominal or
figurative, and any other marks, trade names, service marks, word marks,
illustrations, images, or logos associated with our website, are and
remain the exclusive property of us or our licensors. These are also
protected by applicable laws and international treaties related to
intellectual property.
Changes to the terms
We reserve the right to modify these terms at any time, informing you of any changes.
Such changes will only affect the relationship with you from the date communicated onwards.
Your continued use of the service will
signify your acceptance of the revised terms. If you do not wish to be
bound by the changes, you must stop using the service and terminate the
agreement.
The applicable previous version will govern
the relationship prior to your acceptance. You can obtain any previous
version from us.
If legally required, we will notify you in advance of when the modified terms will take effect.
Assignment of contract
We reserve the right to transfer, assign,
dispose of by novation, or subcontract any or all rights or obligations
under these terms, considering your legitimate interests. Provisions
about changes to these terms will apply accordingly.
You cannot assign or transfer your rights or obligations under these terms without our written permission.
Contact
All communications regarding the use of our website must be sent using the contact information provided in this document.
Severability
Invalidity or unenforceability of any
provision under applicable law will not affect the validity of other
provisions, which will remain in full force and effect.
US users
Any invalid or unenforceable provision
will be interpreted to the extent reasonably required to render it
valid, enforceable, and consistent with its original intent. This
document constitutes the entire agreement between you and us and
supersede all other communications, including but not limited to prior
agreements concerning such subject matter, to the fullest extent
permitted by law.
EU users
If any provision of this document is
void, invalid, or unenforceable, we both agree to do our best to find,
in an amicable way, an agreement on valid and enforceable provisions.
In case of failure to do so, the void,
invalid, or unenforceable provisions will be replaced by the applicable
statutory provisions.
Regardless of the above, the nullity,
invalidity, or impossibility of enforcing a particular provision of this
document will not nullify the entire agreement, unless the severed
provisions are essential for it, or of such importance that we both
would not have entered into the contract if we had known that the
provision would not be valid, or in cases where the remaining provisions
would translate into an unacceptable hardship for you or us.
Governing law
These terms are governed by the law of
the place where we are based, as outlined in the relevant section of
this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the
law of the country that you are based on provides for higher applicable
consumer protection standards, such higher standards will prevail.
Venue of jurisdiction
The jurisdiction over any controversy
related to these terms lies with the courts of the place where we are
based, as outlined in the relevant section of this document.
Exception for consumers in Europe
However, regardless of the above, this
does not apply if you qualify as a European consumer or if you are a
consumer based in the United Kingdom, Switzerland, Norway, or Iceland.
UK consumers
If you are a consumer based in England
and Wales, you may bring legal proceedings related to these terms in the
English and Welsh courts. If you are a consumer based in Scotland, you
may bring legal proceedings in either the Scottish or the English
courts. If you are a consumer based in Northern Ireland, you may bring
legal proceedings in either the Northern Irish or the English courts.
US users
We both agree to waive any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed
individually and we both agree not to join in a class action or other
proceeding with or on behalf of others.
US users
Surviving provisions
Our agreement will continue in effect
until it is terminated by either our website or you. Upon termination,
the provisions contained in this document that by their context are
intended to survive termination or expiration will survive, including
but not limited to the following:
· your grant of licenses under this document will survive indefinitely;
· your indemnification obligations will survive for a period of five years from the date of termination;
· the
disclaimer of warranties and representations, and the stipulations
under the section containing indemnity and limitation of liability
provisions, will survive indefinitely.
DISPUTE RESOLUTION
Online dispute resolution for consumers
The European Commission has set up an
online platform for alternative dispute resolution, providing an
out-of-court solution for resolving disputes arising from online sale
and service contracts.
Therefore, European consumers or consumers
based in Norway, Iceland, or Liechtenstein can use this platform to
settle disputes arising from online contracts. You can access the
platform via the following link.