Terms OF Service

TERMS OF SERVICE

Last Updated: 14th Nov, 2024

These Terms of Service ("Terms") constitute a legally binding agreement between AGARI INTERNATIONAL Ltd ("we", "us", or "our"), a licensee of ADRET RETAIL Pvt Ltd. ("Licensor"), and the user ("you", "your") of this website ("Website"). By accessing, browsing, or using the Website, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease any use of the Website.

Agari offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  • Definitions
    1. "Website" refers to the website operated by Agari under license from Kapiva Inc., including all related pages, content, and services available therein.
    2. "Products" refers to any goods or services offered for sale on the Website.
    3. "User" refers to any individual or entity accessing the Website, whether or not such individual or entity makes a purchase or otherwise interacts with the Website.
    4. "Intellectual Property" refers to all content, including text, images, logos, software, trademarks, and any other materials present on the Website, whether owned by Agari or Kapiva Inc.
  • Intellectual Property
    1. Ownership: All Intellectual Property, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the exclusive property of Kapiva Inc. or its licensors, unless expressly stated otherwise. Agari is granted a limited, non-transferable, non-sublicensable license to use such Intellectual Property solely for the purpose of operating the Website. All rights not expressly granted to Agari or Users are reserved by Kapiva Inc.’
    2. Limited License: Subject to your compliance with these Terms, Agari grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Website. This license does not include (i)resale or commercial use of any content on the Website; (ii) Any derivative use of the Website or its contents; and (iii) The use of data mining, robots, or similar data-gathering and extraction tools.
    3. Termination of License: Any breach of these Terms will result in the immediate termination of your limited license to use the Website, and may result in the suspension or termination of your access to the Website.
  • Products and Services
    1. Availability: All Products offered for sale on the Website are subject to availability. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to modify or discontinue any Product at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
    2. Accuracy of Information: We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes.
  • Orders and Payment
    • Placing Orders: By placing an order on the Website, you represent that you are legally capable of entering into binding contracts and are at least 18 years of age (or the legal age in your jurisdiction). All orders are subject to acceptance by Agari. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, inaccuracies in pricing, or suspected fraudulent activity.
    • Prices and Payment: All prices are quoted in GBP unless otherwise specified, and include VAT where applicable. Shipping charges will be calculated and added at checkout. Agari reserves the right to adjust prices at any time without prior notice.
    • Payment Methods: Payment for Products must be made in full at the time of purchase. Payments will be processed by third-party payment processors, and you agree to comply with the terms and conditions of such processors. Agari disclaims all liability related to payment processing failures, unauthorized transactions, or delays in processing.
    • Accuracy of billing and account information: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
  • OPTIONAL TOOLS
    • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    • Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    • We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
  • THIRD-PARTY LINKS
    • Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    • We are not liable for any harm or damages related to the purchase or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  • USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  • PERSONAL INFORMATION
    • Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
  • SHIPPING AND DELIVERY
    1. Shipping: Shipping and delivery estimates will be provided at checkout. While we aim to meet these estimates, delays may occur due to circumstances beyond our control. Agari shall not be liable for any such delays.
    2. Risk of Loss and Title: Risk of loss for Products passes to you upon delivery. Title to the Products will not transfer to you until we have received payment in full.
  • RIGHT OF WITHDRAWAL AND REFUNDS
    1. Consumer Rights: Pursuant to the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you have the right to cancel your order for any Product within 14 days of receipt, without providing any reason. To exercise your right of withdrawal, you must notify us in writing within the 14-day period.
    2. Returns: If you exercise your right to cancel, you must return the Product in its original condition and packaging. Upon receipt of the returned Product, we will issue a refund for the purchase price and standard delivery costs within 14 days. We reserve the right to reduce the refund if the Product is returned in a damaged or diminished condition.
  • User Conduct
    • You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
      1. Engage in any conduct that may damage or interfere with the operation of the Website;
      2. Post or transmit any harmful, defamatory, obscene, or otherwise objectionable content;
      3. Misrepresent your identity or affiliation with any person or entity;
      4. Use any automated means, including robots or spiders, to access the Website for any purpose.
  • DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
    • We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    • In no case shall Agari, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  • Indemnity
    • You agree to indemnify, defend and hold harmless Agari and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  • ERRORS, INACCURACIES AND OMISSIONS
    • Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  • PROHIBITED USES
    • In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  • TERMINATION
    • We may terminate or suspend your access to the Website, with or without notice, for any reason, including but not limited to breach of these Terms, or if we believe your use of the Website is unlawful or harmful to others.
  • CHANGES TO TERMS
    • We reserve the right to modify these Terms at any time. Any changes will be posted on this page with the "Last Updated" date revised accordingly. Your continued use of the Website after such modifications constitutes acceptance of the amended Terms.
  • GOVERNING LAW AND JURISDICTION
    • These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  • CONTACT INFORMATION
    • Questions about the Terms of Service should be sent via our contact form.