Terms and Conditions

 

Welcome to Amvienz.com service provided by Amvienz homes Private Limited. The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of Amvienz's services by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions or Privacy Policy, you should not use this service. You can use our services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Amvienz homes Private Limited.

 

All products/services and information displayed on Amvienz.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Amvienz reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Amvienz, prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.

 

Membership Eligibility

 

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Amvienz reserves the right to terminate your membership and refuse to provide you with access to the Site if Amvienz discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Amvienz for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who consume the materials within India. Amvienz makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Amvienz will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

 

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Amvienz you agree to be bound by the Terms and Conditions.

 

Governing Law and Jurisdiction

 

This Agreement shall be construed in accordance with the applicable laws of India.

The Courts at Bengaluru shall have exclusive jurisdiction in any proceedings arising out of this agreement.

 

 

Account and Registration Obligations

 

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you shall be responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. Amvienz shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Amvienz has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account without any liability.

 

  1. Provide true, accurate, current and complete information about yourself as prompted by Amvienz's registration form (such information being the "Registration and Profile Information")

  2. Maintain and promptly update the Profile information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Amvienz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Amvienz has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

 

Pricing Information

 

While Amvienz strives to provide accurate product and pricing information, pricing errors or typographical errors may occur. Amvienz cannot confirm the price of a product until after you have finalized the order. 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, Amvienz shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item carries an incorrect price, Amvienz may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted/confirmed and Amvienz will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Amvienz accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Amvienz's 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 credit card account.

 

 

Order Cancellations and Refund

 

At Amvienz, we wish to see every order succeed. However, since we too depend on other stakeholders (such as manufacturers, raw material providers, accessory suppliers), there are times when we need to make changes to our prices and material offerings. In such situations, we owe it to our customers to be fair and transparent, also allowing them to cancel their order if the situation demands.

Membership Cancellation: 

 

When there is situation where you would like to cancel the membership, you are eligible for 100% refund. However, this non-acceptance has to be communicated by the customer within 48 hours of purchase, through mail (design@amvienz.com) or voice call to the contact person, there will be no refund otherwise.

Order Cancellation: 

 

When there is situation where you would like to cancel purchase order, you are eligible for 100% refund. However, this non-acceptance has to be communicated by the customer within 48 hours of purchase, through mail (design@amvienz.com) or voice call to the contact person. If you fail to notify us within 48 hours, 50% of the amount shall be deducted as processing fee. However, there will be no cancellation accepted once the materials are dispatched. Amvienz will have the right to reclaim the materials from the site without your permission or approval, in case you fail to complete the payment.

Credit Card Details

 

You agree, understand and confirm that the credit card details provided by you for availing of services on Amvienz.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Amvienz.com. Further the said information will not be utilized and shared by Amvienz with any of the third parties unless required by law, regulation or court order.

 

Amvienz.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

 

Fraudulent/Declined Transactions

 

Amvienz reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Amvienz reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

 

You Agree and Confirm

  • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred y Amvienz for re-delivery shall be claimed from you.
  • That you will use the services provided by Amvienz, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

  • You will provide authentic and true information in all instances where such information is requested of you. Amvienz reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Amvienz has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

  • That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site

  • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

  • That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

 

You may not use the Site for any of the following purposes

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations/code of practice.

  • Gaining unauthorized access to other computer systems.

  • Interfering with any other person's use or enjoyment of the Site.

  • Breaching any applicable laws;

  • Interfering or disrupting networks or web sites connected to the Site.

  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Modification of Terms and conditions of Service

 

Amvienz may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering. You can access the latest version of the User Agreement at any given time on Amvienz. You should regularly review the User Agreement on Amvienz.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.

Reviews, Feedback and Submissions

 

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Amvienz property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Amvienz of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Amvienz owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Amvienz will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Amvienz is and shall be under no obligation:

        (1) to maintain any Comments in confidence;

        (2) to pay you any compensation for any Comments; or

        (3) to respond to any Comments.

 

You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Amvienz does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Amvienz the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Amvienz and its affiliates for all claims resulting from any Comments you submit. 

Copyright & Trademark

 

Amvienz and its suppliers and licencors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Amvienz or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Amvienz. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without permission. You may not modify, distribute or re-post anything on this website for any purpose. Amvienz's name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Amvienz homes Private Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Amvienz endorsement, sponsorship or recommendation of the third party, information, product or service. Amvienz is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. 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 downloaded materials or software is transferred to you as a result of any such downloading or copying. You may 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, the Site or any related software. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Amvienz homes Private Limited,one of its affiliates or by third parties who have licensed their materials to Amvienz.com and are protected by Indian and international copyright laws. 

Limitation of Liability and Disclaimers

 

The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while Amvienz tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Amvienz will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Amvienz or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of Amvienz to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Amvienz, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, latency and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Amvienz assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

The Agreement

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Amvienz with respect to Amvienz.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Amvienz with respect to Amvienz.com

Privacy Policy

 

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy . We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.