Terms & Conditions
The advertisement of the company can be done only in a dignified and tasteful way. The Company’s trademarks, trade names, logos, copyrighted materials, digital images or other proprietary materials, in any medium (also over the Internet and everywhere else), is not allowed without the permission of the Avivana. A legal action may be taken against persons/companies not complying with this. The minimum pricing policy advertised by the company must be followed by the purchaser.
CUSTOMER’S OWN MATERIALS (COM)
The customer may request for their own materials to be used for the making of a certain product if mentioned plausible for that particular item on the products page. Until all the raw materials for the production of an item have not been recognized as arrived, inspected and considered perfect for being used by the company, the production will not start. These raw materials may include the fabric, accessories, wood, etc. required for the making of the product. The items received under COM and being used will be considered inspected and approved by the company. The purchaser holds the authority over any kind of wear, tear, authenticity, durability and the quality of the materials sent. No responsibility shall be borne by the company regarding them. The choice of the materials and the selection process does not come under the company's work and shall be considered the purchaser’s selection only. No warranty shall be extended to the materials supplied by the buyer for their custom request. They shall be considered the sole property and responsibility of the purchaser and the vendor they chose to get it supplied from.
Any kind of request regarding a custom quote must be reviewed and accepted in formal written recognition by Avivana before it is projected for production or sale of a product. The right to changes in the custom related affairs may be rejected or modified by the company with or without prior notice.
The natural conditions surrounding the product like heat, humidity, light etc. might tamper with the original stretch, condition and durability of the materials used in the product. The display of fabric and other materials in sample books or other display mediums only denote the application of it. The purchaser holds the responsibility for any such variations occurring in the product due to climatic conditions that surround the product. No authority is held by the company for any of it. The purchasers are suggested to check with their surrounding climatic condition and the materials of the product they are buying and decide accordingly.
The right to make minor changes in design, dimensions and other materials without prior notice is held by Avivana. Since the products are handcrafted, there may be minor differences in the final product received than that shown on the product page. The materials used in the product finishing and production are mentioned on the product page or are included under terms clarified on the items page separately.
The dates proposed for the delivery of the items are only a lead and may change depending on the actual time taken for the finishing and shipping of the product. The calculation of this time cannot be made before an order has been accepted by the company which includes: receipt of the required deposit; receipt of all COM; and confirmation of any changes, modifications or approvals to the original order. Any kind of charges won't be borne by or the responsibility won't be borne by the company for any kind of delay in delivery of the product.
All the orders from the purchaser will be acknowledged within 2 working days by the company. Avivana reserves the right to reject an order, special request regarding them or COM received. It is the responsibility of the purchaser to advise the company in writing of any errors or discrepancies in the sales order acknowledgment within two days of the receipt of the acknowledgment by Avivana. Additional charges shall apply to any kind of change in order. The order shall not proceed for production or dispatch until the buyer confirms the same in written and it is acknowledged by the company.
Avivana holds the right to change the prices of the product whenever and however the need arises. These prices may also change if a change in the previously provided requirement or quotation is made. The prices mentioned on the product page of the website and that on the tag provided with the product does not include shipping, storage, freight or any other kind of additional charge that may apply. The prices shall not change and are subject to remain same till the point where they've not been shipped only if not mentioned otherwise by the company
All sales are definite and final. The return of a product bought from the company can only be done if it's in a written form by Avivana or comes under the list of returnable items. If items are returned against the given rule, it will not be considered in accordance with the policy.The items bought on “sale” cannot be returned. Any kind of modification, tear, break, alteration or minutest change to the product other than that originally supplied by the company will not be accepted for return. Minimum shipping and applicable charges will be levied on the returned item.
Some materials are naturally inherent to uniqueness and no return requests shall be accepted for such imperfections occurring in wood, fabric, accessories or other materials used. The changes occurring due to established standards within the company shall not be considered a cause for return.
SHIPPING CARRIER CLAIMS
A proper inspection of the product is made before shipping it to the buyer. This is recorded by the freight carrier in written form and signed. With the common carrier, all the responsibility of shipping and loss by the carrier is upon the purchaser. The receiver should immediately inspect the product upon receiving and check with the carrier for any kind of problems present in their item. They hold the complete liability of the condition of the product. Until the problem is resolved, the purchaser should retain the item. If not checked with the carrier, the receiver shall hold the title of loss or any kind of problem they might have with the item.
Any product with a defect accredited to manufacturing or of some other kind originating before, during or after the production here within the company work shall be taken care by us. This includes either correction of the mistake or a replacement of the whole product. The issue should be notified to the company immediately after the inspection upon delivery of the products within the same day. Beyond this timeframe the company reserves the right to deny or cancel the returns. The buyer should describe the issue in details and this report should be emailed to specified executive authority in the matter. Once the communication has been established between the company and the buyer into the discussion of the matter, the company will initiate the agreement for the return and procure consent from the buyer accordingly in duly written manner. The return should be made within 7 days of the acceptance of this agreement by the buyer. The defects include industrial stage defect, climatic effect while it was within the company title, wear & tear before being handled to the carrier and manufacturing defect. Expressive photographs of the defect must accompany a written format and emailed to the replacements department. If the buyer fails to report the defect within the aforesaid mentioned time, the product will be free of the reservation of replacement. The packaging when returning must be the same in which it was received. Any charges for the local repairing done by the buyer will not be borne by the company without prior mutual declaration and acceptance. When the product is accepted as defective, the company will be the sole operator in the replacement and will hold the right to decide the further proceedings. If the company finds the claims to be any level of different from what was decided upon mutually, it holds the right to reject the replacement. The charges for the happened proceedings and the further shipping and handling charges might be levied on the purchaser.
The acceptance and progress of an order shall always be at the approval of the company’s Credit Department, which may at any time reject the progress at its sole discretion except for if it does not deny the company standard and its terms & conditions. A 50% minimum deposit is required for an order to proceed. Any pending form of payment condition shall hold the progress of the order. Instead of a third part payment, a complete acceptable payment must be made to the company by the purchaser directly and must be acknowledged by the company. Acceptance of third party payments is possible only if the company allows for it in written and is an accommodation. This does not create any relationship between Avivana and the third party. A service fee of 2% per month will be applied to orders that remain unpaid after 30 days of being invoiced.
A cancellation of an order must be made to the company within 24 hours of making the order. A fee for this cancellation will be charged accordingly. If the production of the order has been started in any way the cancellation shall not be accepted whatsoever.
The orders acknowledged but canceled prior to going in production carry a fee to be paid by the customer. This could amount to 5% - 20% of the total purchase price. Orders canceled thereafter will be subject to a larger cancellation fee determined at the sole discretion of Avivana. A storage fees shall also apply if the remaining payment is not made or the delivery instructions remain pending within 15 days of the order and the product is kept with us. The company can dispose or sell the product if the above doesn't happen for 45 days. The company only holds the reimbursement of the remaining amount after the amount for the storage, production, and the proceedings taken for the product have been deducted from that partially paid by the customer.
The defects in the product and workmanship come under warranty by the company. The repairing or replacement due to any kind of defect in the product under warranty shall be done at the sole discretion of Avivana. This is a limited warranty. It does not cover any damage or defect due to climatic conditions, shipping, handling, cleaning or wear and tear.
LIMITATION OF LIABILITY
In connection with the manufacture, sales, delivery, resale, repair or use of any item or liability of any kind of claim, including loss or damage supplied under these terms and conditions of sale will not be considered acceptable if the final price settling through the claim exceeds the price of the sale of the item. The laws under the Indian government shall be the only deciding institution for any claims made for the same. Any act of God or nature, strike, labor disruption, government action, lack of materials or other cause not within its control might result in changes of some kind for which the company shall not be responsible. Claims for any of the concerning matter must be filed under the jurisdiction of Indian government only.
ACCEPTANCE OF TERMS AND CONDITIONS
The buyer is deemed to have agreed to the terms and conditions of sale. These shall comply with all the purchases made and orders on this website. The trial of change, amendment or revision provided, forced, requested or provisioned by the purchaser through any means of copyright, written paper, on the return receipt or any other medium is subject to part or absolute rejection by the company. With the completion of payment, having used the website or by placing an order, the terms & conditions are considered to be levied on the individual and no means of force, verbal trial or written means can change it. These terms are a final declaration and are not subject to any change on the basis of oral information exchange with or around any personnel related or unrelated to Avivana Creations. The discussions, promises or words with anyone related to this company or in the process or close relation to the business of this company are no means of consideration for a change in these terms. Any kind of modification or forfeiting of these conditions can be accepted solely on the signed exchanged of an expressive amendment requested by the owner of the company or personnel of specified executive authority assigned by him for the purpose and only within his knowledge. All references to “Avivana” “Company” or “we” shall mean Avivana Creations. The buyer of the company products is referenced as “purchaser”, “buyer”, “you”, “customer” or “individual”.
The laws within India shall govern the administration of these Terms and Conditions and Policies, regardless of any stated domain’s conflicts of respective laws & principles. You consent to the exclusive jurisdiction and venue of the courts located in Jaipur City (Rajasthan, India) for all disputes associated with the Terms and Conditions and acceptable usage of this website.