Terms and Conditions

Last Updated on November 1st 2022

Vyavi Enterprises offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms and Conditions (“Terms”) govern your use of www.vyavi.com and the purchase of products sold under the brand name Vyavi / VYAVI, which is owned and operated by Vyavi Enterprises.

By accessing or using our Website and/or purchasing products from us, you enter into a binding agreement with Vyavi Enterprises and agree to comply with these Terms and Conditions (“Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all Website users, including browsers, customers, merchants, vendors, and content contributors.

Please read these Terms carefully prior to accessing or using our Website. By accessing, browsing, or using any part of the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all provisions of these Terms, you shall not access the Website or use the services.

Any new features, tools, or services introduced on the Website shall also be governed by these Terms. We reserve the right to update, amend, or replace any part of these Terms at our sole discretion by posting revised Terms on this page. Users are advised to review this page periodically. Continued access to or use of the Website following such updates constitutes acceptance of the revised Terms.

1. Brand/Business Details

• Registered Business Name: Vyavi Enterprises
• Brand Name: Vyavi / VYAVI
• Website: www.vyavi.com

2. Online Store Terms

• By using this Website and agreeing to these Terms, you confirm that you are legally eligible to enter into a binding agreement under applicable laws. If you permit a minor to use this Website, you confirm that such use is under your supervision and with your consent.
• You agree not to use our Website or products for any illegal, unlawful, or unauthorised purpose, and you shall not violate any applicable laws, including intellectual property and copyright laws.
• You must not upload, transmit, or introduce any viruses, malicious software, or any code of a destructive nature that may damage, disrupt, or interfere with the Website or its users.
• Any breach or violation of these Terms may result in immediate suspension or termination of your access to the Website and services, without prior notice.

3. General Conditions

We reserve the right to refuse or discontinue service to any user in accordance with applicable law, including in cases of suspected fraud, abuse, misuse, or violation of these Terms.

You acknowledge that any content you share through the Website (excluding payment/card details) may be transmitted over different networks and may be modified to comply with technical requirements of devices, platforms, or network connections. Please note that payment information is securely encrypted during transmission via authorised payment systems.

You agree not to copy, reproduce, duplicate, sell, resell, distribute, or exploit any part of the Website or services, including access to the Website or any communication channel provided through it, without our prior written consent.

Headings used in these Terms are for ease of reading only and shall not affect the interpretation or meaning of any clause.

4. Accuracy, Completeness, and Timeliness of Information

We strive to ensure that all information displayed on this Website is accurate and up to date. However, we do not guarantee that all content on the Website will always be complete, current, or error-free. All information provided is for general reference purposes only and should not be relied upon as the sole basis for making decisions. Any use of or reliance on such information is at your own discretion and risk.

We reserve the right to modify, update, or remove any content on the Website at any time without prior notice. It is your responsibility to review the Website and monitor changes from time to time.

5. Modifications to the Service and Prices

All product prices displayed on our Website are subject to change at any time without prior notice.

We reserve the right to modify, update, suspend, or discontinue the Website, the Service, or any part of its content at any time, temporarily or permanently, without notice.

Vyavi Enterprises shall not be liable to you or any third party for any modification, price revision, suspension, or discontinuation of the Service or any portion of the Website.

6. Product Information and Display Disclaimer

We aim for accurate product representation. However:

• Product colour may slightly vary due to lighting/screen settings.
• Handmade products may have minor variations which reflect craftsmanship.
• Some images are enhanced using AI-assisted editing to create clean, studio-style visuals while maintaining the original product design and detailing. Such enhancements do not materially alter the product’s actual appearance.

We reserve the right, at our discretion, to restrict or refuse the sale of any product or service to any individual, region, or jurisdiction, as permitted by law. Such decisions may be taken on a case-by-case basis.

We may also limit the quantity of products or services available for purchase per order, per customer, or per location. Product descriptions, availability, and pricing may be changed, updated, or withdrawn at any time without prior notice. We also reserve the right to discontinue any product or service at any time. Any offer or listing on the Website is void where prohibited by applicable law.

While we strive to ensure a high-quality shopping experience, we do not guarantee that the products, services, information, or any other material obtained through the Website will always meet individual expectations. We also do not warrant that any errors, interruptions, or issues in the Website or services will always be corrected immediately.

7. Pricing and Taxes

• All prices are in INR unless mentioned otherwise.
• Prices are inclusive of GST as applicable (currently 3% for jewellery, subject to changes as per law).
• We reserve the right to change prices without prior notice.

8. Orders and Acceptance

• Orders are confirmed only once payment (or COD confirmation) is successful.
• We may contact you via email, SMS, WhatsApp, or phone for order-related updates.
• We may cancel or refuse an order in case of:
• incorrect pricing or display errors,
• non-serviceability,
• suspected fraud,
• inventory mismatch.
• If payment is already made, refunds will be processed as per policy.
• In case of any pricing or product listing error, we reserve the right to cancel the order and issue a full refund (if already paid).

We reserve the right to refuse, limit, or cancel any order at our discretion. We may also impose purchase limits per customer, household, or order to prevent misuse. Such limits may apply to orders placed using the same customer account, payment method, billing address, and/or delivery address.

If an order is modified or cancelled, we may attempt to inform you using the contact details provided at checkout (such as phone number, email address, or billing details). We also reserve the right to restrict or decline orders that, in our judgment, appear to be placed for resale, bulk purchase, or commercial distribution.

You agree to provide an accurate, complete, and up-to-date account and purchase information for all orders placed on our Website. You also agree to promptly update your details (including contact information and payment-related information where applicable), so we can process your transactions smoothly and reach you whenever required.

9. Shipping and Delivery

Delivery timelines and conditions are governed by our Shipping Policy.

10. Returns/Refunds/Cancellation

These are governed by our Returns, Exchange, and Refund Policy.

11. Intellectual Property

All content displayed on the Website (including product images, logo, designs, text, graphics, and other materials) is owned by or licensed to Vyavi Enterprises (Vyavi / VYAVI / www.vyavi.com), unless otherwise stated. Any unauthorised use, reproduction, or distribution is prohibited.

12. Optional Tools

From time to time, we may provide access on our Website to certain third-party tools, services, or links that are operated and managed by external providers. We do not monitor, control, or have input into the functioning of such third-party tools.

You acknowledge and agree that access to these tools is provided on an “as is” and “as available” basis, without any warranties, representations, or guarantees of any kind. Vyavi Enterprises shall not be responsible or liable for any issues, losses, or damages arising from your use of such third-party tools or services.

Your use of optional third-party tools available through the Website is entirely at your own discretion and risk. You are advised to review and understand the applicable terms and policies of the respective third-party service providers before using such tools.

We may also introduce new features, services, tools, or resources on the Website in the future. Any such additions shall be subject to these Terms and Conditions unless stated otherwise.

13. Third-Party Links

Our Website may contain links to third-party websites or services, and certain content, products, or resources may be provided by third parties.

Any third-party links displayed on the Website may redirect you to external websites that are not owned, operated, or controlled by Vyavi Enterprises (Vyavi / VYAVI / www.vyavi.com). We do not examine, verify, or endorse the content, accuracy, or policies of such third-party websites. Therefore, we do not provide any warranty and shall not be held responsible or liable for any third-party materials, websites, services, products, or content.

Vyavi Enterprises shall not be liable for any loss, harm, or damages arising out of your interaction with third-party websites, including the purchase or use of goods, services, content, resources, or any other transactions conducted on such websites.

We recommend that you read and understand the third party’s terms, privacy policy, and other relevant policies before proceeding with any transaction. Any complaints, queries, concerns, or claims related to third-party products or services should be addressed directly to the respective third party.

14. User Comments, Feedback, and Other Submissions

If you share any feedback, reviews, suggestions, creative ideas, contest entries, proposals, or other material with us (whether via Website, email, message, post, or any other medium), you agree that we may use such submissions without restriction. This may include editing, reproducing, publishing, displaying, translating, or distributing the content in any format or platform, including our Website and social media.

You understand that:

1. we are not obligated to keep such submissions confidential,
2. we are not required to provide compensation for them, and
3. we are not required to respond to them.

We reserve the right (but are not obligated) to monitor, edit, restrict, or remove any content that we believe, in our sole discretion, is unlawful, misleading, offensive, threatening, defamatory, obscene, inappropriate, or otherwise violates these Terms or the rights of any third party.

You agree that any submissions made by you will:

• not violate any third-party rights (including copyright, trademark, privacy, or personality rights),
• not contain abusive, unlawful, or obscene material,
• not contain viruses, malware, or destructive code,
• not use fake contact details or impersonate any person, or misrepresent the source of the content.

You are solely responsible for any submissions you make and their accuracy. Vyavi Enterprises shall not be responsible or liable for any content posted or submitted by you or any third party.

15. Personal Information

Any personal information you provide through our Website is collected and used in accordance with our Privacy Policy.

16. Inaccuracies, Errors, and Omissions

From time to time, the Website or Services may contain typographical errors, inaccuracies, or missing information related to product details, descriptions, pricing, promotions, offers, shipping charges, estimated delivery timelines, availability, or other content.

We reserve the right to correct, update, or remove such errors or information at any time without prior notice. This includes the right to modify order details, revise information, or cancel an order if any information on the Website or related services is found to be incorrect, even after an order has been placed.

Unless required by applicable law, we are not obligated to update, amend, or clarify information on the Website, including pricing or availability details. Any update date shown on the Website should not be interpreted as confirmation that all Website information has been reviewed or updated.

17. Prohibited Activities

In addition to any other restrictions stated in these Terms, you agree that you will not use the Website, its content, or any related services:

(a) for any unlawful or unauthorized purpose;

(b) to encourage, solicit, or participate in any unlawful activity;

(c) to violate any applicable laws, rules, regulations, or government orders;

(d) to infringe upon our intellectual property rights or those of any third party;

(e) to harass, abuse, insult, harm, intimidate, defame, discriminate, or offend any individual or group on the basis of gender, sexual orientation, religion, ethnicity, caste, race, age, national origin, or disability;

(f) to provide false, misleading, or fraudulent information;

(g) to upload, transmit, or introduce viruses, malware, or any harmful code that may disrupt or damage the Website, services, systems, or user experience;

(h) to collect, misuse, track, or exploit personal information of others without lawful authority or consent;

(i) to engage in spamming, phishing, scraping, crawling, or any automated data extraction or unauthorized access activities;

(j) to post or share obscene, immoral, or inappropriate content;

(k) to interfere with, bypass, or attempt to compromise the security features of the Website, services, or any connected systems.

We reserve the right to suspend or permanently terminate your access to the Website and services if you violate any of the above prohibited uses.

18. Limitation of Liability and Disclaimer of Warranties

While we make every effort to ensure smooth access and functionality of our Website and services, we do not provide any guarantee that the Website, services, or any related features will always operate uninterrupted, timely, secure, or error-free.

We do not guarantee the accuracy, reliability, or completeness of any outcomes, information, or results that may be obtained through the use of our services. Any reliance placed on such information is at your own discretion and risk.

From time to time, we may temporarily restrict access, suspend, modify, or discontinue the Website or any part of the services without prior notice, including for maintenance, upgrades, technical issues, or operational reasons.

You expressly understand and agree that your use of the Website and services, or your inability to use them, is solely at your own risk. Unless specifically stated otherwise, all services, content, and products offered through the Website are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties relating to merchantability, fitness for a particular purpose, durability, title, non-infringement, or that the services will meet individual expectations.

To the maximum extent permitted under applicable law, Vyavi Enterprises (Vyavi / VYAVI / www.vyavi.com), including its owners, directors, officers, employees, partners, affiliates, agents, contractors, service providers, and suppliers, shall not be liable for any loss, damage, injury, claim, or expense of any nature arising from or related to:

• your use or inability to use the Website or services,
• any products purchased through the Website,
• delays, interruptions, or technical failures,
• errors, omissions, or inaccuracies in Website content,
• unauthorised access to or misuse of data,
• third-party links, services, or payment gateways,
• delivery delays, courier failures, or service disruptions.

This limitation includes (without limitation) any direct, indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, savings, business, data, goodwill, replacement costs, or any similar losses, whether such claim arises under contract, negligence, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Where certain jurisdictions do not allow exclusions or limitations of liability, our liability shall be limited to the fullest extent permitted by applicable law.

Nothing in these Terms limits any rights available to consumers under applicable laws in India.

19. Indemnification

You agree to indemnify, defend, and hold harmless Vyavi Enterprises (Vyavi / VYAVI / www.vyavi.com), including its owners, directors, officers, employees, representatives, affiliates, partners, agents, contractors, service providers, suppliers, and associates, from and against any and all claims, demands, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) raised by any third party arising out of or relating to:

• your breach of these Terms and Conditions or any policies incorporated herein by reference,
• your misuse of the Website or services,
• your violation of any applicable law or regulation, or
• your infringement of the rights of any third party.

20. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be enforced to the maximum extent permitted. Any portion deemed unenforceable shall be considered severed from these Terms, without affecting the validity, legality, or enforceability of the remaining provisions.

21. Termination

Any obligations, responsibilities, or liabilities that arise before the date of termination shall continue to remain in effect even after these Terms are terminated.

These Terms and Conditions shall remain valid unless terminated by you or by us. You may discontinue these Terms at any time by stopping the use of our Website and services, or by notifying us that you no longer wish to use our services.

We reserve the right to suspend or terminate your access to the Website and services at any time, without prior notice, if we believe or reasonably suspect that you have violated any provision of these Terms. In such cases, you will remain responsible for all amounts payable up to the date of termination, and we may deny you access to the Website or any part of the services accordingly.

22. Waiver and Entire Agreement

If we do not enforce or exercise any right or provision under these Terms at any time, it shall not be considered a waiver of that right or provision. Any delay or omission in enforcement does not mean we give up our rights.

These Terms and Conditions, along with any policies, guidelines, or operating rules posted on the Website from time to time, constitute the complete and final agreement between you and Vyavi Enterprises regarding your use of the Website and services. They replace and supersede all prior or contemporaneous discussions, communications, agreements, or understandings (whether written or oral), including earlier versions of these Terms.

If any part of these Terms requires interpretation or clarification, it shall be interpreted fairly and shall not be construed against either party merely because that party drafted or prepared the Terms.

23. Governing Law and Jurisdiction

These Terms and Conditions and any separate agreements through which we provide services to you shall be governed by and interpreted in accordance with the laws of India. Any dispute arising out of or relating to these Terms, the Website, or our services shall be subject to the exclusive jurisdiction of the competent courts in Ghaziabad, Uttar Pradesh only.

24. Changes to Terms and Conditions

You may view the latest version of these Terms and Conditions at any time on this page.

We reserve the right to revise, modify, update, or replace any part of these Terms at our sole discretion by posting the updated version on the Website. It is your responsibility to review this page periodically for changes. Your continued access to or use of the Website and services after any updates are posted will be considered your acceptance of the revised Terms.

For any questions regarding these Terms and Conditions, please contact us at hello@vyavi.com.

25. Grievance Redressal

Deepak Seth (Grievance Redressal Officer)

Phone: 7290029100

Email: hello@vyavi.com