TERMS AND CONDITIONS OF SALE AND USE
OVERVIEW
Asia Fashion Pvt Limited (PV 91847) whose registered office is at 108/3 Horton Place, Colombo 7 (hereinafter referred to as “us”, “we” or “our”) owns and operates this website at www.arienti.lk (the “Website”) through which Arienti branded products (the “Products”) are sold.
Any information, tools and services available from this Website by any user (hereinafter referred to as “you” or “your”) are subject to these Terms and Conditions of Use and Sale (the Terms”). Please read them carefully and make sure that you understand them, before using the Website and ordering any Products.
By visiting this Website and/or ordering Products through our e-commerce service (the “Service”) you agree to be bound by the Terms and any other policies and notices stated on the Website.
If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access the Website or use any part of the Service. We reserve the right to amend, change, update or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.
These Terms also govern any use you make of our social media pages such as our Facebook, Twitter, or Instagram.
These Terms were updated as of 15th of May 2019.
GENERAL CONDITIONS
This Website is not intended for use by individuals under the age of 18, in order to use the Service and purchase products you must be 18 years or older.
We reserve the right to refuse service to anyone for any reason at any time. 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 any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
TERMS OF SALE
PRODUCT INFORMATION
All Products shown on the Website are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will refund any amounts paid for the unavailable Product in accordance with the method of purchase used when ordering the Product.
In some cases, merchandise displayed on the Website may not be available in store and vice versa we make no representations or warranties that any of the products or services displayed on the Website will be available at any time or location.
The images of the Products on the Website are for illustrative purposes only. We have made every effort to display as accurately as possible the Products that appear on the Website. However, your Products may vary slightly from the images on the Website.
Failure to care for Products as instructed on the tags may cause damage to the Products and any such damage is not considered a defect of the Product. Once a garment is washed and the tags are removed, the Product will not be exchanged for any reason.
PLACING AN ORDER
You can place an order for Products by browsing the Website, adding an item/items to add to your cart and checkout to complete your order.
To checkout you can either open an “Account” with us or you can use our “Guest Checkout”. If opening an Account with us, you will be required to provide us with some compulsory personal information.
You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.
You are responsible for keeping your password and Account information confidential. We shall not be liable for any loss or damage, which may arise from unauthorized use of your Account. Should you become aware of or suspect any unauthorized use of your Account, please contact us.
If you use our Guest Checkout we will retain your personal information in order to process your order.
Completion of checkout online does not constitute our acceptance of your order from us. Our acceptance of your order will take place only when we take payment from you and dispatch of the Products is confirmed to you by email.
EXCHANGES
In the event you choose to exchange any Products once you have received them, the terms of our Exchange Policy shall apply.
RISK AND TITLE
Products will be at your risk and ownership of the Products will only pass to you from the time they are delivered.
Risk in relation to Products being exchanged passes from you to us once the Products have been received at our location.
PRICE AND PAYMENT
You can only pay for Products by using one of the payment methods listed on our site or by using a valid gift voucher issued by us.
We use a third-party payment processor (the “Payment Processor”) to whom you submit your payment details directly. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. As we are not responsible for the operation of the Payment Processor we will not be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide via the link to the Payment Processor.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment.
Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel orders if any information on the Website is inaccurate at any time without prior notice.
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 Arieni, 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Arienti and our, 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.
FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control ("Force Majeure").
Force Majeure includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
Our performance of any obligation is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Event Outside Our Control to a close or to find a solution by which our obligations may be performed despite the Event Outside Our Control.
TERMS OF USE OF THE WEBSITE
ACCESSING OUR SITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, deny access to or modify the Service we provide on our Website without notice. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts or the whole of our Website to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorized by us.
Unless otherwise noted, all content included on this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials is our property and is protected by Sri Lankan and international copyright laws. The compilation of this website is our exclusive property and is protected by Sri Lankan and international copyright laws.
All trademarks, service marks and trade names (collectively the “Marks”) that appear on this Website are owned by us. You may not display, reproduce, remove or modify the Marks in any manner without our prior written consent.
You agree that by posting content on our social media channels, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed. Further, by submitting content you represent and warrant to us that (a) you are at least 18 years of age and competent to contract (b) you are the sole owner of the content (c) that our use of the content will not violate the rights of any third party, including, but not limited to copyright rights (d) that your submissions do not contain any confidential information (e) that your submissions does not contain any unsolicited advertisements, promotions etc; and (f) that you will defend and hold us harmless from any and all claims arising therefrom. By submitting content you waive any right to inspect or approve of such uses and agree to hold us harmless from any and all claims you, your heirs, executors or assigns may at any time have against us on account of the granting of the license or arising out of our use of the content.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
We process information about you in accordance with our Privacy Policy.
VIRUSES, HACKING AND OTHER OFFENSES
We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Website and screen out anything that may damage it.
You must not misuse our Website by knowingly introducing anything, which may be malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
JURISDICTION AND APPLICABLE LAW
The courts of the Democratic Socialist Republic of Sri Lanka will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website and Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka.
