Terms & Conditions

RULES & REGULATIONS AND USER AGREEMENT

Welcome to www.thariansgarden.com If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Tharians Garden relationship with you in relation to this website.

The term ‘Tharians Garden’ or ‘us’ or ‘we’ refers to the owner of the website whose office is ,Kunnumpuram (H),Thonnamkuzhy, Villoonni P.O Arpookara,Kottayam,Kerala,686008. The term ‘you’ refers to the user or viewer of our Website.

The use of this website is subject to the following Rules and Regulations:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website meet your specific requirements.
This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, etc. the reproduction of which is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced on this website that is not the property of, or licensed to, the operator is acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Tharians Garden prior written consent
You shall not host, display, upload, modify, publish, transmit, update or share any information that

(a) belongs to another person and to which the user does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, observe, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(d) infringes any patent, trademark, copyright, or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person

(h) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation or any offense or is insulting any other nation.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authorities.

Unless otherwise agreed in writing with Tharians Garden, your agreement with Tharians Garden will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the general terms.

Accepting the terms:

In order to use the services, you must first agree to the terms. You may not use the services if you do not accept the terms.

Clicking to accept or agree to the terms:

where this option is made available to you by Tharians Garden in the user interface for any Service; or by actually using the services. In this case, you understand and agree that Tharians Garden will treat your use of the services as acceptance of the terms from that point onwards.

You may not use the services and may not accept the terms if,

you are not of legal age to form a binding contract with Tharians Garden, or
You are a person barred from receiving the services under the laws of India
.You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services.
Accordingly, you agree that you will be solely responsible to Tharians Garden for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Tharians Garden immediately

Site content:

a) You acknowledge that the site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
b) All content is copyrighted as a collective work under the Indian copyright laws and we own a copyright in the selection, coordination, arrangement, and enhancement of such content.
c) You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the content in any way, and maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.
d) In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software if any
e) Online pricing and offers are valid for online customers only.

a) Some of the services are supported by advertisements and sales promotions. These advertisements may be targeted to the content of information stored on the services, new launching, and queries made through the services or other information.
b) The manner, mode, and extent of advertising by Tharians Garden on the services are subject to change without specific notice to you.
c) In consideration of Tharians Garden granting you access to and use of the services you agree that Tharians Garden may place such advertising on the services.

Delivery

The products shall be delivered through the means as chosen by us and shall be carried out as expeditiously as possible.
The products shall be delivered within a maximum of 4 working days from the date of order unless otherwise specified. A confirmation mail will be made regarding the same, once the order has been accepted.
In case the product of your choice is not in stock , the delivery time might be increased but we will make sure the product reaches your doorstep at the earliest.
In case you give an incorrect address/pin code causing hazard and delay in delivery, you will be liable to compensate for such additional expenses incurred.
Only unused and boxed products are eligible for exchange in case of incorrect delivery or logistics error.

Cancellation and Refund Policy

No exchange or refund will be accepted once the order is placed. In the case of the ordered product being ‘Out Of Stock’, ‘Unable to Ship’, or ‘Unable to Deliver, the amount collected shall be refunded within a period of seven days from the date of knowledge.

Trademarks:

Tharians Garden, and such other marks used in connotation/prefix/suffix with the above marks are our trademarks and service mark.

Submissions:

If you submit, post or otherwise send us any information, content, or materials including, without limitation, comments, reviews, data, text, messages, files, images, photographs, videos, audio-visual works, other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audio-visual works, shall be entitled to unrestricted use of such submissions for any purpose at all, commercial or otherwise, without the requirement of any further permission from or payment to you or to any other person or entity, including without limitation for inclusion in any future publication or product, with no compensation to you.
No submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any submission. Without limiting the previous, you hereby grant us.

Payment and billing:

You must select a payment method that includes payment by cash on delivery, through online, credit/debit card, etc. to pay us for any purchases you make from us. Every time you use the service, you reaffirm that

a) We or our authorized billing agents are authorized to charge your designated payment method or collect such amounts due directly or through other payment methods prior to delivery except under such instances specifically agreed otherwise. At any rate, you shall be responsible for fully compensating us with such additional charges and interest on account of any kind of inability or inordinate delay of more than 3 days in getting credit of the payments made by you through online, credit/debit card, etc…
b) We may submit charges incurred under your account for payment, and you will be responsible for such charges, even if your membership is canceled or terminated. You agree that we may charge your payment method for all amounts due to us without additional notice or consent unless required otherwise by law.
c) You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends).
d) We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the site and apply those charges to your bill collectively. All purchases including that of Home appliances, mobile phones, Laptops, services, accessories, etc. are final and non-refundable.
e) You must notify us about any billing problems or discrepancies within 3 days from the date of purchase.
f) If you do not bring such problems or discrepancies to our attention within 5 days from the date of purchase, you agree that you waive the right to dispute such problems or discrepancies. At any rate, if such discrepancies happen on account of default not in any manner under our responsibility, no claims of any nature shall be entertained.
g) In case of product is found to be dead on arrival the option available to you shall be for replacement of the product with the very same product upon the condition that you shall intimate us about the issue within 24 hours of delivery and if your claim regarding the condition of the product is found to be genuine to the satisfaction of the respective manufacturer in terms with their policies for return and replacement of products. At any rate, you shall refrain from entertaining any claims on account of physical damage due to the handling of the products.

Proof of identification:

Tharians Garden reserves the right to ask for defined proof of identification at the time of delivery. Failure to provide the same to either the Tharians Garden or hired courier service agency can lead to cancellation of the order. In case of any gift items also, the customer who has made the transaction online will have to provide his/her proof of identification.

Limitation of liability:

You hereby agree to fully indemnify, defend and hold us and its affiliates and their respective officers, partners, employees, and licensors harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys’ fees) incurred by us in connection with

Any use or alleged use of services through your account by any person, whether or not authorized by you;
Any breach of your representations and warranties and other covenants under this agreement

Tharians Garden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, and agree to cooperate with defense of such claim.

Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Tharians Garden be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, the accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the store(s).

Applicable taxes:

Unless otherwise stated, taxes including GST as applicable in India shall be applicable for purchases made by you. You are bound by all the applicable taxes, prevalent from time to time as on the date of sale, for the products purchased.

Warranty:

All the products including Home appliances, Mobile phones, Laptops, Printers, various accessories, etc. are warranted for a period defined by the respective manufacturers with respect to the defect in material & workmanship. Hyperspace is not giving any warranty and does not hold out any warranty on products sold.

Hyperspace will not be responsible for any defective/deficient or otherwise unsatisfactory products. All such claims with respect to any defective/deficient or otherwise unsatisfactory products shall be the sole responsibility of the respective manufacturer and claim either for replacement or repair shall solely be entertained against the manufacturer. In case of any repair or replacement of the product purchased, the same will have to be raised or entertained only with the authorized service center of the equipment manufacturer.

All the terms and conditions of Hyperspace apply, subject to Kottayam jurisdiction. Goods once sold cannot be returned or exchanged.

Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the law of India and any legal discrepancy or disputes will be heard or proceed in the exclusive jurisdiction of the courts at Kottayam, Kerala, India.

Termination

In case of non-compliance with the above rules & regulations, user agreement, and accompanying privacy policy for access or usage of the website we reserve absolute right and discretion to terminate your access or usage rights with immediate effect and remove non-compliant information.

Grievance Officer

The name and contact details

Tharians Garden

Kunnumpuram (H), Thonnamkuzhy, Villoonni P.O, Arpookara, Kottayam 686008

Mob No. – 8891585890

Email Id – thariansgarden@gmail.com

Any aggrieved party can contact the grievance officer at the above email. id to register their complaints regarding access or usage of the computer resources in violation of law or in such a manner that causes harm.

Terms & Conditions