Terms and Conditions
Welcome to Hayathbags.com. This website (the “Website”) is provided by Hayath Bag Factory (“We” or “US”) as a service to our customers.
“India is our country of domicile” and stipulate that the governing law is the local law.
‘’Visa and Master Card in INR will be accepted for payment’’
‘’We will not trade with or provide any services to OFAC and sanctioned countries’’
‘’Cardholder must retain a copy of transaction records and Merchant policies and rules’’
2. Acceptance of Terms and Conditions and Amendment
2.1. Please note that your use of the Website service constitutes your unconditional agreement to follow and be bound by these terms and conditions (the “Terms and Conditions”).
2.2. Each time you use or cause access to this website, you agree to be bound by the Terms and Conditions listed below, as amended from time to time with or without notice.
3. Our Service
Our website and the services provided to you through our website are “as is” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services.
4. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
5.3. If you use the Website, you are 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.
5.4.We assume no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or account. Any suspicious activities on your account shall be notified to us by contacting us immediately. If we have 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 to us.
6.1.To register on our website you must be over eighteen years of age.
6.2.You must ensure that the details provided by you on registration or at any other time are correct and complete.
7. Your Conduct
7.1. You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission.
7.2. You explicitly agree, in using this website or any service provided, that you shall not:
(a) Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any content in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights
8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of;
(a) The use of or the inability to use the Service;
(b) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service;
(c) Unauthorized access to or alteration of your data transmissions;
(d) Statements of conduct of any third party on the Service, or;
(e) Any other matter relating to the Service.
10. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
11.1. The Website can be used only by persons who can form legally binding contracts under applicable law. Persons who are incompetent to contract are not eligible to use the Website. 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/members. We reserve the right to terminate your registration and refuse to provide you with access to the Website if we discovers that you are under the age of 18 years.
11.2. Those who choose to access this Website from outside the India are responsible for compliance with local laws if and to the extent local laws are applicable.
11.3. We will deliver the products only within the India and will not be liable for any claims relating to any products ordered from outside its jurisdiction.
12. Website Security
12.1. You are prohibited from violating the security of the Website, including, without limitation,
1. a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
2. b) attempting to probe, scan or test the exposure of a system or network or to breach security or authentication measures without proper authorization;
3. c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing;
4. d) sending unsolicited email, including promotions and/or advertising of products or services.
12.2. Violations of system or network security may result in civil or criminal liability. We will investigate such violations and prosecute users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
12.3. Access to the Website may be occasionally restricted to allow for repair, maintenance or the introduction of new facilities or services.
13. Product’s Pricing and payment of Price
13.1. Errors may occur in the process of providing product and pricing information by the Website. We cannot confirm the price of a product except after ordering. 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, we shall have the right, at our sole discretion, to either contact you for instructions or cancel your order and notify you of such cancellation.
13.2. In the event that the Website accepts your order, the same shall be debited to your credit card account and duly notified to you by email. The payment may be processed prior to our 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/debit card account. No cash disbursement shall be made under any condition whatsoever.
13.3. Sometimes a price online does not match the price in a store. In our effort to maintain the fact of being the lowest price provider in the India, store pricing will sometimes differ from online prices. Prices and availability are subject to change without any prior notice.
13.4. If, by mistake, we have underpriced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the product at that price.
13.5. The price of a product does not include the delivery charge, which will depend on the delivery method you choose and will be added during checkout.
14.1. All products advertised are subject to availability or while stocks last (as may be applicable).
14.2. We try to ensure that we always stock the full product range and will let you know if the product is out of stock. If for any reason beyond our reasonable control we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product.
14.3. In the interests of all our customers, we may place restrictions on bulk buying of some products. We reserves the right at our sole discretion, to limit the quantity per person, per household or per order. The said limitations may be applicable to orders placed by the same account, the same credit card and also to orders that use the same billing and/or shipping address.
15. Order Acceptance
15.1. We reserve the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud are some situations that may result in the order being cancelled, additional verification or information may be requested before accepting any order.
15.2. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
16. Quantity Limits and Dealer Sales
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. The said limitations may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at its sole discretion, to prohibit sales to dealers or re sellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party.
17.1. Delivery will be made to the address specified when you complete the order, At point of delivery, identity verification of the Consignee by sighting either an Aadhar card, passport, driving license, Voter ID to support consignee verification, will be required by our delivering staff / courier partners.
17.2. Please note that we do not do international shipping.
17.3. While we make considerable effort to deliver all your products within 48 working hours of the date of your order, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting a product to you within that time.
17.4 Once the order leaves our logistics center, you will be notified and it is the responsibility of the customer to ensure that they are present at the receiving end at the time of delivery
18.1. Please note that there may be certain orders that we may reject or cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reasons.
18.2. For your convenience, you will not be charged until your payment method is authorized; the order information is verified for accuracy.
18.3. Some situations that may result in your order being cancelled are limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our relevant department.
18.4. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
19. Cancellation by customer
19.1. If you the customer cancel the order, we shall cancel the order as per your request however the online transaction charges will not be refunded also the cost of delivering and re-collecting charges will apply if the product has been shipped. We may not be able to cancel orders that have already been shipped.
19.2. For details of how to cancel your order please visit our returns and refunds page or contact customer support.
20. Exchange or Refund
20.1. Items to be exchanged or refunded must be presented with their complete box “as new” with inside packing, and all accessories sealed (i.e. in re-sell-able condition).
20.2. Items may only be exchanged or refunded if they are returned within 7 days from purchase or delivery date.
20.3. Refunds shall be made in the same manner in which the purchase of the item was made. For the avoidance of doubt, items that were purchased by credit/debit card shall be refunded to the same credit/debit card.
20.4. Home delivery items may only be refunded if the event of non-delivery, and upon the supplier’s written confirmation of such non-delivery.
21. Free Gifts and Promotional Products
If you change your mind and return your product, you must also return any free gift or promotional product associated with the promotion and received by you as a result of that order. We may charge you a reasonable amount for the free gift if you do not return it.
22. Advertising and sponsorship
Some areas within our site may contain advertising and sponsorship. Third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material provided by third parties.
23.1. We may update these Terms & Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on our site.
23.2. You can access the latest version of the Terms and Conditions at any given time on the Website. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service of the Website. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of this Website.
24. Right to suspend or close your account
We may suspend or close your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You will not be able to order products on our site if your account is suspended or closed.
25. Applicable Law and Jurisdiction
25.1. You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with the laws of the State of Tamil Nadu and Federal laws of INDIA
25.2. By registering or using this website and service you consent and submit to the exclusive jurisdiction of Chennai High Courts.
26. Copyright & Trademark
26.1. Unless otherwise noted, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Hayath Paper Bag Factory or one of its associate companies or by third parties who have licensed their materials to us and are protected by the applicable laws.
26.2. We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us/our affiliates. 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 our permission. You may not modify, distribute or re-post anything on this Website for any purpose.
27.1. These Terms and Conditions is effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of this Website. We may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny your access to the Website. Such termination will be without any liability to us.
27.2. Upon any termination of these Terms and Conditions by either you or by us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise.
27.3. Our right to any feedback shall survive any termination of these Terms and Conditions. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms and Conditions.
28. Limitation of Liability
28.1. Hayath paper bag Factory or any of its associates, employees, directors, agents or suppliers shall not be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including without limitation damages for loss of profit, accuracy of results, loss of data, work stoppage, or computer failure. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms and Conditions is it in tort or contract is limited to the value of the product ordered by you.
28.2. We make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, we assume 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 Website; and/or any interruption or errors in the operation of the Website.
28.3. We reserves the right to refuse to post material on our site or to remove material already posted on our site. You must not try to re-post material that we have refused to post on our site or has previously been removed from our site.
28.4. You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• Any claim by any third party that the use of our site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice; and
• Any claim by any third party that the use of our site by you infringes that third party’s copyright or other intellectual property rights of whatever nature.
28.5. We makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent our views.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
30.1. Though we make sure that the delivery of purchased products shall be delivered on time. No claim, penalties, refunds or part refund against us in case of delays in delivery or error in delivery. Although we aim to offer you the best service possible, if a fault occurs in our services you should report it immediately to the Customer Services by phone or by email and we will attempt to correct the fault within reasonable time.
30.2. The product details, information, ingredients, nutritional guides and dietary/allergy advice may change from time to time. Therefore, we highly recommend that you read the label on the products you purchase and not rely on information provided on the website.
31. Entire Agreement
Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and us with respect to the Website sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website sites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
32. Sever-ability of Clauses
In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact;
33. Intellectual Property
The content of our site is protected by copyright, trademarks, database and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our site without written permission from us.
34. Third Party Websites
As a convenience we may include links to other websites or material. We are not responsible for any of these websites or material, which is beyond our control.
35. Credit/Debit Card Information
35.1. We reserve the right to refuse to accept the Credit/Debit Card or, in such case the transaction is accepted, cancel the transaction, at our sole discretion, as part of our own fraud detection program.
35.2. The Credit/Debit card details provided by you for benefiting from the services on the Website will be truthful, valid and accurate and you shall use the Credit/Debit card which is lawfully owned by you, i.e. in a Credit/Debit card transaction, you must use your own Credit/Debit card.
35.3. We will not be liable for any Credit/Debit card fraud. The liability for use of a card fraudulently will be on you and the responsibility to prove otherwise shall be exclusively on you.
36. Unlawful Transactions
We reserve the right to recover the cost of products, collection charges and lawyers’ fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
37. Display of Products
The colors of our products that appear on the Website will be displayed as accurately as possible. However, as the actual colors you see will depend on your device that you are using, we cannot guarantee that the display of your device will be accurate.
38.1 When you visit the Website or send emails to the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
38.2. You will provide correct information requested from your side. We reserve 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, we have the right, in our sole discretion to reject the registration and ban you from using the services of the Website.
38.3. That correct and proper address at which delivery of the product ordered by you shall be provided by you. If a recipient’s address is found to be incomplete or incorrect, we may attempt to find the correct address and to complete the delivery, but we assume no responsibility for our inability to complete delivery under such circumstances. If the address is incorrect, or if delivery can’t be completed, then a surcharge for delivery expense will be imposed to the customer.
38.4. 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.
38.5. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
38.6. If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.