Terms of service
1. Overview
This website is operated by AKSHNAM, a brand of Akshit Creations (hereinafter referred to as “we”, “us”, or “our”). We offer this website, including all information, tools, and services available from this site (hereinafter the “Website”), to you (the “User”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting the Website and/or purchasing something from us, you engage in our service and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein. These Terms apply to all users of the Website, including browsers, customers, and contributors of content.
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the Website or use any of our services.
Our Website is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
2. Eligibility
By agreeing to these Terms, you represent that you are at least 18 years of age. If you are under 18, you may not use the Website, register an account, or make a purchase. We do not knowingly offer our products or services to minors.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the service, violate any laws applicable in India, including but not limited to copyright laws, consumer protection laws, and intellectual property laws.
3. Account Registration
To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at info.akshnam@gmail.com if you become aware of any unauthorised use of your account or any other breach of security.
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including if we believe that your conduct violates these Terms or is harmful to other users, us, or third parties.
4. Products and Services
4.1 Product Descriptions
We make every effort to display the colours, textures, and details of our products as accurately as possible on the Website. However, we cannot guarantee that your device’s display will accurately reproduce the colours, patterns, or embroidery details of our products. As our products are handcrafted, minor variations in colour, pattern, and finish are inherent to the craft and are not considered defects.
4.2 Availability and Pricing
Prices for our products are listed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise. Prices are subject to change without prior notice.
We reserve the right to limit the quantity of products available for purchase, to discontinue any product at any time, and to refuse or cancel any order at our discretion. If we cancel an order after payment has been processed, we will issue a full refund to the original method of payment.
In the event that a product is listed at an incorrect price due to a technical error, we reserve the right to refuse or cancel any orders placed at the incorrect price, whether or not the order has been confirmed. If payment has already been processed, we will issue a full refund.
4.3 Product Use
Products purchased from the Website are for your personal use only. You may not resell, commercially distribute, or exploit our products without our prior written consent.
5. Orders and Payment
5.1 Placing Orders
By placing an order on the Website, you are making an offer to purchase the product(s) in your order. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
You agree to provide current, complete, and accurate billing and shipping information for all purchases made on the Website.
5.2 Payment Methods
We accept the following payment methods:
(a) UPI
(b) Credit and Debit Cards
(c) Net Banking
All payment transactions on the Website are processed through Razorpay, our third-party payment gateway provider. We do not store your complete payment card details on our servers. Razorpay adheres to PCI-DSS (Payment Card Industry Data Security Standard) requirements. By completing a purchase, you also agree to Razorpay's terms and privacy policy. We shall not be liable for any payment failures, errors, or delays attributable to Razorpay's platform.
(d) Cash on Delivery (COD)
A convenience fee of Rs. 149 will be charged on all Cash on Delivery orders. This fee is non-refundable and will not be included in any refund amount in the event of a return or cancellation.
5.3 Order Confirmation
Upon successful placement of an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order. We reserve the right to cancel or modify orders after confirmation if there are issues with pricing, product availability, or payment verification.
6. Shipping and Delivery
We currently ship within India only. Shipping timelines, charges, and delivery terms are displayed at checkout and may vary depending on your location and the shipping method selected.
We make reasonable efforts to deliver your order within the estimated delivery timeframe. However, delivery dates are estimates and not guarantees. We shall not be liable for any delays in delivery caused by circumstances beyond our reasonable control, including but not limited to courier delays, natural disasters, strikes, or government restrictions.
Risk of loss and title for products purchased from the Website pass to you upon delivery of the product to the shipping carrier.
7. Returns, Exchanges, and Cancellations
Our Returns, Exchanges, and Cancellation Policy is available as a separate document on the Website. By placing an order, you agree to the terms of that policy. Please read it carefully before making a purchase.
In the event of any conflict between these Terms and the Returns, Exchanges, and Cancellation Policy, the latter shall prevail with respect to matters relating to returns, exchanges, and cancellations.
8. Intellectual Property
The "AKSHNAM™" name, logo™, tagline, and all related product and service names, design marks, and visual elements are the trademarks and intellectual property of Akshit Creations. All trademark rights are claimed whether or not formally registered. All other trademarks displayed on the Website are the property of their respective owners.
All content on the Website, including but not limited to text, images, photographs, product descriptions, graphics, logos, icons, and software, is the property of Akshit Creations or its content suppliers and is protected by Indian copyright laws and international treaties.
You may not reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Website, its content, or access to the Website without our express written permission. No trademark or service mark licence is granted to you by virtue of accessing the Website.
9. User Content and Conduct
9.1 User Submissions
If you submit any content to the Website, including but not limited to reviews, comments, photographs, suggestions, or feedback (collectively, “User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.
You represent and warrant that your User Content does not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and does not contain any unlawful, defamatory, obscene, or otherwise objectionable material.
9.2 Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Website or its content:
(a) For any unlawful purpose or to solicit others to perform unlawful acts
(b) To violate any applicable laws, rules, or regulations
(c) To infringe upon or violate our intellectual property rights or the rights of others
(d) To harass, abuse, insult, harm, defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(e) To submit false or misleading information
(f) To upload or transmit viruses or any other type of malicious code
(g) To collect or track the personal information of others
(h) To spam, phish, or scrape the Website
(i) To interfere with or circumvent the security features of the Website
We reserve the right to terminate your access to the Website for violating any of these prohibited uses.
10. Accuracy of Information
We are not responsible if information made available on the Website is not accurate, complete, or current. The material on the Website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, or more timely sources of information.
The Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website.
11. Third Party Links
The Website may contain links to third party websites that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites. We do not warrant the offerings of any third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party website you visit. Your use of third party websites is entirely at your own risk.
12. Optional Tools
We may provide you with access to third party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind. We shall have no liability arising from or relating to your use of optional third party tools.
Any new features or tools added to the Website shall also be subject to these Terms.
13. Personal Information
Your submission of personal information through the Website is governed by our Privacy Policy. Please refer to our Privacy Policy for details on how we collect, use, store, and protect your personal data.
14. Disclaimer of Warranties
The Website and all products and services delivered to you through the Website are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that your use of the Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Website will be accurate or reliable.
15. Limitation of Liability
In no case shall Akshit Creations, its proprietor, employees, agents, contractors, service providers, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to 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 the Website or any products purchased through the Website.
Our total aggregate liability to you for all claims arising out of or in connection with the use of the Website or any product purchased through the Website shall not exceed the amount paid by you for the specific product or service giving rise to the claim.
16. Indemnification
You agree to indemnify, defend, and hold harmless Akshit Creations, its proprietor, employees, agents, contractors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your violation of any law or the rights of any third party, or your use of the Website.
17. Severability
If any provision of these Terms 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Modifications to the Terms
We reserve the right to update, change, or replace any part of these Terms by posting updates on the Website. The “Last Updated” date at the top of this page will be revised accordingly. It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.
19. Governing Law, Jurisdiction, and Dispute Resolution
19.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of India.
19.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved amicably through good-faith negotiations between the parties. If the dispute is not resolved within 30 days of one party notifying the other of the dispute in writing, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time).
The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties. The seat and venue of arbitration shall be Amritsar, Punjab, India. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.
19.3 Jurisdiction
Subject to the arbitration clause above, the courts in Amritsar, Punjab, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
20. Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing all use of the Website. We may terminate these Terms at any time without notice if, in our sole judgement, you fail to comply with any term or provision of these Terms.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. Upon termination, your right to use the Website shall immediately cease.
21. Entire Agreement
These Terms, together with our Privacy Policy and Returns, Exchanges, and Cancellation Policy, constitute the entire agreement between you and Akshit Creations with respect to the use of the Website and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
22. Fraud Disclaimer
AKSHNAM will never contact you by phone, email, SMS, or any other means to ask for your OTP, CVV, PIN, card number, bank account details, or passwords. We will never call you with unsolicited offers of free gifts or discounts, or request you to install any application. If you receive any such communication claiming to be from AKSHNAM, please do not share any personal or payment information and report the incident to us immediately at info.akshnam@gmail.com.
23. Contact Information
All disputes are subject to Amritsar jurisdiction only. By placing an order on the Website, you agree to these Terms of Service.
For any questions about these Terms, please contact us at:
AKSHNAM
(A brand of Akshit Creations)
430 Basant Avenue, Amritsar, 143001, Punjab, India
Email: info.akshnam@gmail.com
GSTIN: 03ACNFA6850B1ZP