Terms of service
Welcome to AARKA Eyewear!
The terms and conditions set out herein ("Terms") constitute an agreement between AARKA ("AARKA," "we," "us," or "our"), having its registered office at [Ground Floor, Shop No. 1, Vaibhav Complex, Varachha Road, Hirabaug Circle, Surat, Gujarat - 395006], which operates the AARKA Eyewear business, and any natural or legal person who accesses and/or uses the Website ("you" or "your") or uses any current or future service, functionality, or offer made available through the Website ("Services"), as updated from time to time.
By accessing, browsing, or using the Website, you expressly agree to be bound by these Terms. If you do not agree with any of these Terms, please do not use the Website.
If you have any questions regarding these Terms, please contact us at team@aarkaeyewear.com.
Please note that your access to the Services, purchase and use of Products, offers, promotions, or any other features provided by AARKA may also be governed by additional policies, guidelines, or terms ("Additional Terms"). If these Terms conflict with any Additional Terms, the Additional Terms shall prevail only with respect to the applicable Service or Product.
For these Terms:
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"AARKA," "we," "us," or "our" means the entity operating the AARKA Eyewear business and providing the Products and Services under these Terms.
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"Website" means www.aarkaeyewear.com and any associated mobile website, digital platform, or online service operated or controlled by AARKA.
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"Products" means sunglasses, eyewear, accessories, and related products offered for sale by AARKA through the Website.
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"Services" means the features, functions, services, offers, and other facilities made available by AARKA through the Website.
These Terms are divided into two parts:
Part A – Terms and Conditions for Use of the Website
Part B – Terms and Conditions of Sale
PART A – TERMS AND CONDITIONS FOR USAGE OF AARKA EYEWEAR
1. GENERAL
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The terms and conditions for usage of AARKA Eyewear as set out herein ("Terms of Use") specifically govern your access to and use of AARKA Eyewear, which provides a platform for you to discover, browse, select, and purchase premium eyewear products listed on AARKA Eyewear at the prices displayed, from locations serviceable by us.
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We may update or modify these Terms of Use from time to time. Whenever you use AARKA Eyewear, you are advised to review the latest version of these Terms to understand the conditions applicable at that time. We also reserve the right to modify the format, features, content, or functionality of AARKA Eyewear or temporarily suspend its operation for maintenance, upgrades, or any other reason without prior notice.
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By accessing, browsing, or using AARKA Eyewear, you acknowledge and agree to these Terms of Use, our Privacy Policy, and any other policies or guidelines published on the website, all of which together constitute the "Agreement."
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This document is an electronic record under the Information Technology Act, 2000, and the applicable rules thereunder. It is generated by a computer system and does not require any physical or digital signature.
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Subject to these Terms, AARKA Eyewear grants you a limited, revocable, non-exclusive, and non-transferable right to access and use the website solely for browsing products, placing orders, managing your account, and using the services offered by AARKA Eyewear.
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AARKA Eyewear does not knowingly permit minors to independently place orders or enter into contracts through the website. Persons below 18 years may use the website only with the involvement and supervision of a parent or legal guardian, who shall be responsible for the order and compliance with these Terms.
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If you access or use AARKA Eyewear on behalf of a company, organization, or any other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the entity shall be responsible for all activities carried out through your account.
2. REGISTRATION OF YOUR ACCOUNT
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To purchase Products or use certain Services on AARKA Eyewear, you may be required to create an account. Registration is a one-time process based on successful mobile OTP (One-Time Password) verification and/or any other verification method implemented by AARKA Eyewear. You may also be required to provide accurate personal information, including your name, email address, mobile number, and shipping details.
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You are solely responsible for maintaining the confidentiality of your account credentials, including your login information and OTPs. You agree to accept responsibility for all activities that occur under your account.
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You must immediately notify AARKA Eyewear if you become aware of any unauthorized access, suspected security breach, or misuse of your account. We shall not be liable for any loss or damage arising from your failure to maintain the security of your account.
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AARKA Eyewear reserves the right to suspend, restrict, or terminate any account found to contain false information, misleading details, suspicious activity, or any violation of these Terms and Conditions without prior notice.
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You agree to provide accurate, complete, and up-to-date information during registration and to promptly update your account information whenever necessary. Providing false, misleading, or outdated information may result in cancellation of orders or suspension of your account.
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Each customer is permitted to maintain only one genuine customer account unless otherwise approved by AARKA Eyewear. Creating multiple accounts to misuse coupons, referral programs, promotional offers, discounts, or any other benefits is strictly prohibited. AARKA Eyewear reserves the right to suspend all related accounts, cancel pending orders, and take appropriate legal action in cases of fraudulent account creation or misuse.
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We reserve the right to refuse access to AARKA Eyewear, cancel orders, remove content, or terminate accounts at our sole discretion if we believe that your account has been used in violation of these Terms or applicable laws.
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Orders placed after successful account authentication, login verification, or OTP verification shall be presumed to have been placed by the account holder unless proven otherwise under applicable law.
3. COMMUNICATION AND UNSUBSCRIPTION
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By accepting these Terms of Use, you consent to receive transactional and promotional communications from AARKA Eyewear, including order confirmations, shipping updates, account notifications, promotional offers, newsletters, campaigns, and service-related messages via SMS, email, phone calls, WhatsApp, or other electronic communication channels using the contact information provided by you.
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You acknowledge and agree that such communications may be sent even if your mobile number is registered under the National Customer Preference Register (NCPR) or Do Not Disturb (DND) registry, to the extent permitted under applicable laws, for transactional and service-related purposes.
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You may opt out of receiving promotional or marketing communications from AARKA Eyewear at any time by following the unsubscribe instructions included in such communications or by contacting our customer support. However, you will continue to receive essential communications relating to your orders, payments, returns, refunds, account security, and other service-related matters.
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AARKA Eyewear shall not be responsible for any delay or failure in the delivery of communications due to incorrect contact information provided by you, network issues, technical failures, or circumstances beyond our reasonable control. It is your responsibility to ensure that your registered email address and mobile number remain accurate and up to date.
4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
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AARKA Eyewear strives to ensure that all information, including product descriptions, specifications, pricing, images, offers, and other content available on the website, is accurate and up to date. However, we do not guarantee the completeness, accuracy, or reliability of such information at all times.
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The information provided on AARKA Eyewear is intended solely for general informational purposes. You are responsible for evaluating the suitability of any product or information before making a purchase or relying upon it. Your use of the website and its content is entirely at your own risk.
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Product images, videos, graphics, illustrations, and other visual representations displayed on AARKA Eyewear are provided for reference purposes only. While we make reasonable efforts to ensure accurate representation, actual product colors, finishes, dimensions, or appearance may vary slightly due to lighting conditions, screen settings, photography, manufacturing variations, or device display differences.
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AARKA Eyewear does not warrant that the website, its servers, or any electronic communications sent from us are free from viruses, malware, or other harmful components. Users are responsible for implementing appropriate security measures while accessing the website.
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We do not make any express or implied warranties regarding:
a. The quality, accuracy, completeness, reliability, suitability, merchantability, or fitness of any product or service for a particular purpose.
b. The uninterrupted, timely, secure, or error-free operation of the website.
c. The correction of technical defects, software errors, or website interruptions. -
The website and all products and services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, AARKA Eyewear disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
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AARKA Eyewear, its directors, employees, affiliates, partners, agents, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your access to, use of, or inability to use the website, products, or services.
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To the maximum extent permitted by law, AARKA Eyewear shall not be responsible for any loss, damage, claim, expense, interruption, unauthorized access, data loss, technical failure, communication error, system malfunction, cyberattack, theft, or alteration of information arising from the use of the website or services.
5. AVAILABILITY AND ACCESSIBILITY OF AARKA EYEWEAR
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AARKA Eyewear operates and manages this website from India. We make no representation that the content, products, or services available on the website are appropriate or available for use outside India. If you choose to access the website from outside India, you do so at your own risk and are solely responsible for complying with the applicable laws of your jurisdiction.
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The availability of products, services, promotions, pricing, shipping options, and other features may vary depending on your location. AARKA Eyewear reserves the right to restrict the sale or delivery of any product or service to specific geographic regions without prior notice.
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We may update, suspend, discontinue, or modify any part of the website, products, services, features, or content at any time without prior notice. We shall not be liable if the website or any portion of it becomes unavailable temporarily or permanently.
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Product availability displayed on the website is subject to stock availability. In certain cases, products may become unavailable after an order has been placed. In such situations, AARKA Eyewear reserves the right to cancel the order and process an applicable refund, if any.
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AARKA Eyewear continuously monitors accounts and transactions to prevent fraud, misuse, unauthorized purchases, chargeback abuse, coupon abuse, fake orders, and other suspicious activities. We reserve the right to investigate any transaction that appears unusual or high risk.
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If we suspect any fraudulent, unauthorized, or illegal activity, AARKA Eyewear may, without prior notice:
a. Suspend or permanently terminate the customer account.
b. Cancel pending or confirmed orders.
c. Hold shipment until identity or payment verification is successfully completed.
d. Refuse Cash on Delivery (COD) for selected orders or locations.
e. Recover the cost of products, shipping charges, collection costs, legal expenses, and any financial losses arising from fraudulent activities.
f. Share relevant information with payment gateways, banks, courier partners, law enforcement authorities, cybercrime authorities, or other government agencies where required by law. -
Fraudulent activities include, but are not limited to:
a. Using stolen or unauthorized payment methods.
b. Filing false or fraudulent chargebacks after successful delivery.
c. Providing false identity, address, contact details, or payment information.
d. Creating multiple customer accounts to misuse promotional offers, coupons, referral benefits, or discounts.
e. Placing fake orders or intentionally refusing delivery after shipment.
f. Misusing return, exchange, or refund policies.
g. Any activity intended to cause financial or reputational loss to AARKA Eyewear. -
If fraudulent activity is detected, AARKA Eyewear reserves the right to initiate appropriate civil or criminal legal proceedings under applicable Indian laws. We shall not be liable for any refund, compensation, or damages arising from the cancellation, suspension, or rejection of an order due to suspected fraud or failed verification.
6. THIRD-PARTY INTERACTIONS AND LINKS TO THIRD-PARTY WEBSITES
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While using AARKA Eyewear, you may access links to third-party websites, payment gateways, social media platforms, courier partners, or other external services. These links are provided solely for your convenience and do not imply any endorsement, sponsorship, or approval by AARKA Eyewear.
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Any transaction, communication, purchase, participation in promotions, or interaction with any third-party website, service provider, or advertiser is solely between you and the respective third party. AARKA Eyewear shall not be responsible or liable for any loss, damage, claim, or dispute arising from such interactions.
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Third-party websites operate under their own terms, conditions, and privacy policies. We encourage you to review those policies before providing any personal information or completing any transaction on such websites.
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AARKA Eyewear does not control or monitor the content, security, availability, or accuracy of third-party websites and makes no warranties or representations regarding their products, services, content, or practices.
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Any use of third-party websites or services is entirely at your own risk. AARKA Eyewear shall not be liable for any direct or indirect loss, damages, delays, data breaches, payment issues, or other consequences resulting from your use of any third-party website or service.
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Payment transactions processed through third-party payment gateways are governed by the respective payment service provider's terms and conditions. AARKA Eyewear shall not be responsible for payment failures, banking issues, technical errors, transaction delays, or unauthorized actions occurring on third-party payment platforms.
7. COPYRIGHTS AND INTELLECTUAL PROPERTY
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All content available on AARKA Eyewear, including but not limited to text, graphics, logos, product designs, product images, photographs, videos, icons, illustrations, audio, software, website design, page layouts, source code, and other materials ("Content") is protected under applicable copyright, trademark, and intellectual property laws.
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Unless otherwise stated, all intellectual property rights in the Content are owned by or licensed to AARKA Eyewear. Nothing contained on the website shall be interpreted as granting any license or right to use any intellectual property without our prior written consent.
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You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website solely for personal, non-commercial purposes, including browsing products and making legitimate purchases.
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Except as expressly permitted by law, you shall not:
a. Copy, reproduce, modify, distribute, publish, transmit, display, sell, license, or commercially exploit any Content available on AARKA Eyewear.
b. Download, scrape, extract, or collect product information, pricing, images, descriptions, or any other website data using automated tools, bots, crawlers, spiders, or similar technologies.
c. Use any product photographs, marketing materials, logos, branding elements, or website content for commercial purposes without prior written permission from AARKA Eyewear.
d. Remove, alter, or conceal any copyright, trademark, or proprietary notices displayed on the website or its Content.
e. Create derivative works based on the Content or incorporate any portion of the website into another website, publication, marketplace, or digital platform without written authorization. -
Unauthorized use, reproduction, distribution, or commercial exploitation of any Content may violate applicable intellectual property laws and may result in civil and criminal legal action.
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If you believe that any material available on AARKA Eyewear infringes your intellectual property rights, please contact us with complete details at team@aarkaeyewear.com. Upon receiving a valid complaint, we will investigate the matter and take appropriate action in accordance with applicable laws.
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All trademarks, trade names, logos, product names, brand identifiers, and service marks displayed on AARKA Eyewear are the exclusive property of AARKA Eyewear or their respective owners. Any unauthorized use of such trademarks without prior written permission is strictly prohibited.
8. TRADEMARKS
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All trademarks, service marks, trade names, logos, brand names, product names, domain names, designs, slogans, and other distinctive brand features displayed on AARKA Eyewear are the exclusive property of AARKA Eyewear or their respective owners and are protected under applicable trademark and intellectual property laws.
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Nothing contained on AARKA Eyewear shall be interpreted as granting any license, permission, or right to use any trademark, logo, trade name, or other intellectual property without the prior written consent of AARKA Eyewear or the respective rights holder.
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You shall not use, reproduce, copy, modify, distribute, display, publish, register, imitate, or exploit any trademark, logo, or brand identity of AARKA Eyewear in any manner that may cause confusion, misrepresentation, or dilution of our brand.
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Unauthorized use of the AARKA Eyewear name, logo, trademarks, product names, marketing materials, or brand identity for commercial purposes, advertising, resale, domain registration, social media accounts, or any other purpose is strictly prohibited and may result in civil and criminal legal action under applicable laws.
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Any third-party trademarks, logos, or brand names appearing on AARKA Eyewear, including those of eyewear manufacturers or partners, remain the property of their respective owners. Their appearance on the website does not imply any endorsement, sponsorship, or affiliation unless expressly stated.
9. LICENSE AND USE OF YOUR CONTENT
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By submitting, uploading, posting, reviewing, commenting, rating, sharing, or otherwise providing any content on AARKA Eyewear, including but not limited to reviews, feedback, suggestions, testimonials, photographs, videos, or other materials ("User Content"), you grant AARKA Eyewear a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in any media or format now known or developed in the future for business, promotional, marketing, operational, or legal purposes.
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You represent and warrant that:
a. You own or have all necessary rights, permissions, and licenses to submit the User Content.
b. Your User Content does not infringe the intellectual property, privacy, publicity, or other legal rights of any third party.
c. Your User Content does not contain any unlawful, defamatory, abusive, misleading, offensive, obscene, fraudulent, or harmful material. -
AARKA Eyewear reserves the right, but is under no obligation, to review, monitor, edit, refuse, or remove any User Content that violates these Terms, applicable laws, or is otherwise considered inappropriate, without prior notice.
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You acknowledge that AARKA Eyewear may use your reviews, ratings, testimonials, photographs, or feedback for marketing, advertising, social media, website content, product pages, promotional campaigns, or other business purposes without any obligation to provide compensation or obtain additional consent.
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You agree that AARKA Eyewear shall not be responsible or liable for any User Content posted by you or by other users. The views expressed in User Content belong solely to the respective users.
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You agree to indemnify and hold harmless AARKA Eyewear, its directors, employees, affiliates, partners, licensors, and service providers from any claims, damages, losses, liabilities, costs, or legal expenses arising from your User Content or your violation of these Terms.
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AARKA Eyewear reserves the right to suspend or permanently terminate your access to the website if you repeatedly post misleading, unlawful, abusive, fraudulent, or infringing content, or otherwise misuse the platform.
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AARKA Eyewear may edit customer reviews for grammar, spelling, formatting, or length without altering the original meaning or opinion expressed by the customer.
10. USER WARRANTIES AND RESTRICTIONS
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By using AARKA Eyewear, you represent and warrant that:
a. Your use of the website and Services will comply with all applicable laws and regulations.
b. All information provided by you is true, accurate, complete, and up to date.
c. You have the legal authority to enter into these Terms and complete transactions on the website.
d. You will not use the website for any unlawful, fraudulent, misleading, or unauthorized purpose. -
You agree to use AARKA Eyewear only for lawful purposes and in a manner that does not interfere with the operation, security, or functionality of the website or affect the rights of other users.
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You shall not:
a. Modify, copy, delete, or tamper with any content, pricing, product information, software, or website functionality.
b. Use bots, crawlers, spiders, scrapers, automated scripts, artificial intelligence tools, or similar technologies to access, monitor, extract, or collect data from the website without prior written permission.
c. Attempt to gain unauthorized access to any part of the website, servers, databases, customer information, or connected systems.
d. Upload, transmit, or distribute viruses, malware, ransomware, spyware, or any other malicious code that may disrupt the website or its users.
e. Interfere with the security, integrity, or proper functioning of AARKA Eyewear or attempt to bypass any security measures implemented by us.
f. Use the website to distribute spam, phishing messages, fraudulent communications, misleading advertisements, or unsolicited promotional content.
g. Impersonate another individual, organization, or falsely represent your affiliation with any person or entity.
h. Make false, misleading, defamatory, or malicious statements regarding AARKA Eyewear, its products, employees, partners, or customers.
i. Engage in any activity intended to disrupt, overload, damage, or impair the operation of the website or its infrastructure. -
You are prohibited from uploading, posting, sharing, or transmitting any content that:
a. Belongs to another person without proper authorization.
b. Is false, misleading, defamatory, abusive, obscene, offensive, threatening, hateful, discriminatory, or unlawful.
c. Infringes any copyright, trademark, patent, privacy, publicity, or other intellectual property rights.
d. Contains harmful software, viruses, malicious code, or other materials intended to damage computer systems or networks.
e. Violates any applicable law, regulation, court order, or governmental directive.
f. Encourages illegal activities, fraud, money laundering, cybercrime, or any criminal conduct. -
If AARKA Eyewear determines, at its sole discretion, that your actions violate these Terms or applicable laws, we reserve the right to suspend or terminate your account, cancel pending orders, restrict access to the website, report the matter to relevant authorities, and pursue appropriate legal remedies without prior notice.
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Users shall not engage in automated purchasing, inventory hoarding, checkout automation, API abuse, reverse engineering, vulnerability scanning, penetration testing, brute-force attacks, credential stuffing, or any other unauthorized attempt to interfere with the security or operation of the website without prior written permission from AARKA Eyewear.
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Customers shall not engage in abusive, threatening, harassing, defamatory, fraudulent, or otherwise inappropriate conduct towards AARKA Eyewear, its employees, representatives, customer support personnel, or service providers. AARKA Eyewear reserves the right to refuse service, suspend or terminate accounts, reject future orders, or take appropriate legal action where such conduct occurs.
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Customers shall not knowingly publish false, malicious, defamatory, or misleading statements about AARKA Eyewear, its employees, Products, or Services. This clause shall not restrict genuine reviews or lawful consumer feedback.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
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You agree to indemnify, defend, and hold harmless AARKA Eyewear, its directors, officers, employees, affiliates, partners, licensors, service providers, agents, and representatives from and against any claims, demands, actions, damages, losses, liabilities, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:
a. Your use or misuse of AARKA Eyewear or its Services.
b. Your violation of these Terms and Conditions.
c. Your violation of any applicable law, regulation, or the rights of any third party.
d. Any false, misleading, or inaccurate information provided by you.
e. Any fraudulent, unauthorized, or unlawful activity carried out through your account. -
You agree to cooperate fully with AARKA Eyewear in the defense of any claim or legal proceeding arising from your use of the website or breach of these Terms.
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To the maximum extent permitted by applicable law, AARKA shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages, including loss of profits, business interruption, goodwill, revenue, data, or anticipated savings arising from your access to or use of the Website or Services..
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AARKA Eyewear shall not be liable for any delay, failure, or interruption caused by events beyond our reasonable control, including but not limited to natural disasters, strikes, technical failures, internet outages, cyberattacks, governmental actions, transportation delays, or force majeure events.
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The maximum aggregate liability of AARKA arising from any claim relating solely to your access to or use of the Website or Services shall not exceed the total amount actually paid by you to AARKA for the specific Service giving rise to such claim.
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Nothing contained in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law.
12. APPLICABLE LAW AND JURISDICTION
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These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India, without regard to any conflict of law principles.
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Subject to any rights or remedies available to consumers under applicable law, courts having competent jurisdiction in Surat, Gujarat shall have jurisdiction over disputes arising from these Terms.
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Before initiating any legal proceedings, you agree to make reasonable efforts to resolve any dispute by contacting AARKA Eyewear's customer support. We will make reasonable efforts to resolve the matter amicably wherever possible.
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If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to remain valid, enforceable, and in full force and effect.
13. FORCE MAJEURE
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AARKA Eyewear shall not be liable for any delay, interruption, failure, or inability to perform its obligations under these Terms and Conditions to the extent caused by events or circumstances beyond its reasonable control.
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Such events may include, but are not limited to:
a. Natural disasters such as floods, earthquakes, cyclones, storms, or other acts of God.
b. Fire, explosion, accidents, epidemics, pandemics, or public health emergencies.
c. War, terrorism, civil unrest, riots, strikes, lockouts, labor disputes, or political disturbances.
d. Government actions, court orders, changes in laws or regulations, embargoes, import or export restrictions, or actions by regulatory authorities.
e. Power failures, internet outages, telecommunication failures, cyberattacks, server failures, system failures, or other technical disruptions.
f. Transportation delays, courier disruptions, port congestion, customs clearance delays, supply chain interruptions, manufacturing delays, shortages of raw materials or containers, supplier insolvency or bankruptcy, or failures of third-party service providers. -
During the occurrence of a Force Majeure event, AARKA Eyewear may suspend, delay, modify, or extend the performance of its obligations to the extent reasonably necessary, without incurring liability for such delay or failure.
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AARKA Eyewear will make reasonable efforts to resume normal operations and fulfil its obligations as soon as reasonably practicable after the Force Majeure event has ceased.
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Nothing contained in this clause shall require AARKA Eyewear to perform any obligation where such performance has become impossible, impracticable, or unlawful due to the occurrence of a Force Majeure event.
14. WAIVER
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No failure, delay, or omission by AARKA Eyewear in exercising any right, power, remedy, or privilege under these Terms and Conditions shall operate as a waiver of such right, power, remedy, or privilege.
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Any waiver by AARKA Eyewear of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of AARKA Eyewear.
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A waiver of any breach or default shall not constitute a waiver of any subsequent or continuing breach of the same or any other provision of these Terms.
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The exercise of any right or remedy by AARKA Eyewear under these Terms shall not prevent the exercise of any other right or remedy available under applicable law or equity.
15. SEVERABILITY
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If any provision of these Terms and Conditions is determined by a court or other competent authority to be invalid, illegal, or unenforceable under applicable law, such provision shall, to the extent of such invalidity or unenforceability, be deemed severed from these Terms.
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The remaining provisions of these Terms and Conditions shall continue to remain valid, binding, and enforceable to the fullest extent permitted by applicable law.
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If any invalid or unenforceable provision can be modified to make it valid and enforceable while preserving its original intent, such provision shall be interpreted and enforced to the maximum extent permitted by law.
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The invalidity or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision contained in these Terms and Conditions.
16. AMENDMENTS
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AARKA Eyewear reserves the right to modify, update, revise, or replace these Terms and Conditions at any time without prior notice, at its sole discretion.
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Any changes to these Terms shall become effective immediately upon their publication on the AARKA Eyewear website unless otherwise stated.
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It is your responsibility to review these Terms periodically to stay informed of any updates or modifications.
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Your continued access to or use of AARKA Eyewear after any changes have been posted constitutes your acceptance of the revised Terms and Conditions.
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If you do not agree with any amendment or modification to these Terms, you should discontinue using AARKA Eyewear immediately.
17. MISCELLANEOUS
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In addition to these Terms and Conditions, you agree to comply with the terms and conditions of third-party service providers associated with AARKA Eyewear, including but not limited to payment gateways, banks, courier partners, logistics providers, promotional partners, and financing services, wherever applicable.
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These Terms and Conditions, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies published on the AARKA Eyewear website, constitute the entire agreement between you and AARKA Eyewear regarding your use of the website and purchase of Products.
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These Terms supersede all previous oral or written agreements, understandings, communications, representations, or arrangements relating to the use of AARKA Eyewear or the purchase of Products.
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The failure of AARKA Eyewear to enforce any provision of these Terms shall not be considered a waiver of our right to enforce that provision or any other provision at a later time.
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Headings used in these Terms are provided for convenience only and shall not affect the interpretation of any provision.
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These Terms shall be binding upon and benefit the respective successors, permitted assigns, legal representatives, and affiliates of both AARKA Eyewear and the user, where applicable.
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If you have any questions, concerns, or complaints regarding these Terms and Conditions, you may contact our customer support team through the contact details provided on the AARKA Eyewear website.
PART B – TERMS AND CONDITIONS OF SALE
The Terms and Conditions of Sale ("Terms of Sale") constitute a legally binding agreement between AARKA Eyewear and you and govern the purchase of Products through the AARKA Eyewear website.
By placing an order for any Product on AARKA Eyewear, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Terms and Conditions for Usage of AARKA Eyewear. In the event of any conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall prevail only with respect to the purchase and sale of Products.
These Terms of Sale constitute an electronic record under the Information Technology Act, 2000 and the applicable rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signature.
1. OUR CONTRACT OF SALE
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The listing and display of any Product on AARKA Eyewear constitute an invitation to you to make an offer to purchase such Product. Your placement of an order constitutes your offer to purchase the selected Product(s).
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After placing an order, you will receive an order confirmation by email, SMS, WhatsApp, or other available communication channels acknowledging receipt of your order. This confirmation does not constitute acceptance of your order.
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A contract of sale between you and AARKA Eyewear is formed only when your order has been successfully verified, processed, and dispatched, and a shipment confirmation has been sent to you.
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AARKA Eyewear reserves the right, at its sole discretion, to accept, reject, hold, verify, or cancel any order before shipment without assigning any reason, including but not limited to pricing errors, product unavailability, suspected fraud, payment issues, incorrect customer information, or violations of these Terms.
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If your order is shipped in multiple packages, each shipment confirmation shall constitute a separate contract of sale for the Product(s) included in that shipment.
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All communications relating to your order shall be sent to your registered email address, mobile number, or any other contact information provided by you. It is your responsibility to ensure that your contact details remain accurate and updated.
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Products purchased from AARKA Eyewear are intended for personal use unless otherwise expressly agreed in writing. We reserve the right to refuse or cancel orders that appear to be placed for unauthorized resale, commercial distribution, or bulk purchasing.
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All orders are subject to product availability, successful payment authorization, address verification, serviceability of the delivery location, and compliance with these Terms and Conditions.
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AARKA Eyewear reserves the right to conduct identity or payment verification before dispatching any order. Failure to provide requested verification details within a reasonable time may result in cancellation of the order.
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Ownership of the Product shall transfer to you only after full payment has been successfully received by AARKA Eyewear and the Product has been delivered to the shipping address provided by you.
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Orders may be cancelled before dispatch, subject to verification and processing status. Once an order has been dispatched, cancellation requests may not be accepted except where required by applicable law or expressly approved by AARKA Eyewear.
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Repeated refusal or non-acceptance of Cash on Delivery (COD) orders without reasonable cause may result in the permanent suspension of COD facilities and AARKA Eyewear reserves the right to refuse future COD or other orders from such customers.
2. RETURN, REPLACEMENT AND REFUND
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All return, replacement, and refund requests shall be governed by the Return & Refund Policy published on the AARKA Eyewear website, which forms an integral part of these Terms and Conditions.
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Customers are advised to carefully inspect the Product at the time of delivery. If the Product is found to be damaged, defective, incorrect, or incomplete, the issue must be reported to AARKA Eyewear within the time period specified in the Return & Refund Policy.
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To process a return or replacement request, AARKA Eyewear may require photographs, videos, the original packaging, invoice, and any other supporting information necessary to verify the claim.
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Returned Products must be unused, unworn, unaltered, and in their original condition with all accessories, tags, manuals, warranty cards, cleaning cloths, cases, and original packaging intact unless otherwise approved by AARKA Eyewear.
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AARKA Eyewear reserves the right to reject any return, replacement, or refund request if:
a. The Product has been used, damaged, altered, or improperly handled after delivery.
b. The Product is returned without its original packaging, accessories, or proof of purchase.
c. The request does not satisfy the eligibility conditions stated in the Return & Refund Policy.
d. The claim is found to be fraudulent, misleading, or unsupported by sufficient evidence. -
Refunds, where approved, shall ordinarily be made only to the original payment method used for the transaction and shall not be transferred to an unrelated third-party account unless required or permitted by applicable law. Processing timelines may vary depending on banks, payment gateways, or financial institutions.
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Shipping charges, COD charges, gift wrapping charges, convenience fees, or any other non-refundable service charges, if applicable, shall not be refunded unless required under applicable law or specifically approved by AARKA Eyewear.
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AARKA Eyewear reserves the right to refuse future returns, replacements, or refunds and may suspend customer accounts where repeated abuse of return policies, fraudulent claims, or chargeback misuse is identified.
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AARKA Eyewear may verify product codes, SKU numbers, serial numbers, markings, packaging identifiers, and other identifying characteristics to verify that any Product returned is the same Product originally supplied by AARKA.
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AARKA Eyewear may reject a return, replacement, refund, or exchange where the returned Product does not correspond with the Product dispatched by AARKA Eyewear, including where a different, counterfeit, substituted, used, altered, damaged, or incomplete Product is returned, or where the return package is empty or missing any Product, accessories, packaging, tags, warranty cards, or other components supplied with the original order.
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AARKA Eyewear may inspect and verify the contents, condition, serial number, product identifiers, accessories, packaging, and other characteristics of returned Products before approving any refund, replacement, or exchange. A return shipment being delivered to AARKA Eyewear shall not, by itself, establish that the correct Product or complete return has been received.
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Where a refund is approved, AARKA Eyewear's obligation to process the refund shall be fulfilled once the refund has been successfully processed through the applicable payment gateway or financial institution to the original payment method. Any subsequent delay in crediting the refunded amount by the bank, card issuer, payment gateway, or other financial institution shall be outside AARKA Eyewear's reasonable control.
3. PRODUCT AVAILABILITY
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All Products displayed on AARKA Eyewear are subject to availability. While we make every effort to ensure that product availability is accurately reflected on the website, we do not guarantee that every Product shown will be in stock at all times.
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Product availability, inventory levels, colors, sizes, and variants may change without prior notice due to sales, inventory updates, supplier availability, or other operational reasons.
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If a Product becomes unavailable after an order has been placed, AARKA Eyewear reserves the right to cancel the order, partially fulfill the order, or offer an alternative Product of similar value, subject to your acceptance.
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In the event that an order is cancelled due to product unavailability, any amount received from the customer for the unavailable Product shall be refunded in accordance with our Return & Refund Policy.
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Estimated dispatch and delivery timelines displayed on the website are provided for informational purposes only and should not be considered guaranteed delivery commitments. Actual dispatch and delivery times may vary due to operational, logistical, or external factors beyond our reasonable control.
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AARKA Eyewear reserves the right to discontinue, modify, or replace any Product, model, color, design, packaging, specifications, or features at any time without prior notice.
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We shall not be liable for any direct or indirect loss, inconvenience, or damages arising from the temporary or permanent unavailability of any Product listed on AARKA Eyewear.
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Minor variations in colour, finish, texture, acetate patterns, lens tint, or overall appearance may occur due to manufacturing processes, batch variations, lighting conditions, and display settings, and shall not be considered defects.
4. PRODUCT PRICING
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All prices displayed on AARKA Eyewear are listed in Indian Rupees (INR) and are inclusive of applicable taxes unless otherwise stated.
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Product prices, promotional offers, discounts, and availability are subject to change at any time without prior notice. The price applicable to your order shall be the price displayed at the time your order is successfully placed.
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While AARKA Eyewear makes every effort to ensure accurate pricing, typographical errors, technical errors, system malfunctions, or incorrect pricing may occasionally occur. In such cases, AARKA Eyewear reserves the right to cancel or refuse any order placed for a Product listed at an incorrect price, even if the order has been confirmed or payment has been received.
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If an order is cancelled due to a pricing error after payment has been successfully received, AARKA Eyewear will process a full refund of the amount paid using the original payment method.
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Prices displayed on AARKA Eyewear may differ from prices offered through retail stores, marketplaces, promotional campaigns, authorized dealers, or third-party platforms.
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Promotional discounts, coupon codes, gift vouchers, referral benefits, loyalty rewards, and special offers are subject to their respective terms and conditions and cannot be combined unless expressly permitted by AARKA Eyewear.
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AARKA Eyewear reserves the right to limit, modify, withdraw, or discontinue any promotional offer, discount, coupon, or pricing benefit at any time without prior notice.
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Shipping charges, Cash on Delivery (COD) charges, gift wrapping charges, handling fees, or any additional service charges, where applicable, will be clearly displayed during checkout before payment confirmation.
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In case of any pricing discrepancy, typographical error, technical error, or system error, AARKA Eyewear may review and determine the applicable price in accordance with these Terms and applicable law.
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In the event of an obvious pricing, typographical, or system error (for example, a product priced at ₹199 instead of ₹19,999), AARKA Eyewear reserves the right to cancel the order and issue a full refund, even after payment has been received.
5. TAXES
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All applicable taxes, including Goods and Services Tax (GST) and any other taxes, duties, levies, or statutory charges imposed under applicable laws of India, shall be charged as applicable at the time of purchase.
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Unless otherwise stated, all prices displayed on AARKA Eyewear are inclusive of applicable GST. Any additional charges, if applicable, such as shipping fees, Cash on Delivery (COD) charges, handling fees, or convenience charges, will be clearly displayed during the checkout process.
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Customers are responsible for providing accurate billing information, including GST details where applicable. AARKA Eyewear shall not be responsible for errors arising from incorrect or incomplete information provided by the customer.
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In the event of any change in applicable tax laws, government regulations, or tax rates after an order has been placed but before it is processed or delivered, AARKA Eyewear reserves the right to revise the applicable tax amount in accordance with the law.
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Any tax invoice generated by AARKA Eyewear shall be considered final unless an error is reported within the time prescribed under applicable law. Customers requiring GST invoices must ensure that accurate GST details are provided before the order is processed.
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You agree to bear all applicable taxes, duties, and statutory charges associated with your purchase of Products from AARKA Eyewear, as required under applicable laws.
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For international orders, the customer shall be solely responsible for all customs duties, import taxes, import regulations, clearance charges, and any other governmental fees applicable in the destination country.
6. ELIGIBILITY
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AARKA Eyewear does not knowingly permit minors to independently place orders or enter into contracts through the website. Only individuals who are legally capable of entering into binding contracts under the Indian Contract Act, 1872 may independently purchase Products through AARKA Eyewear.
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By placing an order on AARKA Eyewear, you represent and warrant that:
a.You are at least 18 years of age, or, if you are below 18 years of age, you are placing an order with the involvement and supervision of your parent or legal guardian, who shall be responsible for the order and compliance with these Terms and Conditions.
b. You are of sound mind and legally competent to enter into a binding contract.
c. You are not prohibited by any applicable law from purchasing or using the Products offered by AARKA Eyewear. -
Persons below 18 years of age may use the website only with the involvement and supervision of a parent or legal guardian. AARKA Eyewear does not knowingly permit minors to independently place orders or enter into contracts through the website, and the parent or legal guardian shall be responsible for the minor's order, payment, and compliance with these Terms and Conditions.
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AARKA Eyewear reserves the right to refuse service, cancel orders, suspend accounts, or request age or identity verification if we reasonably believe that a user does not meet the eligibility requirements or has provided false or misleading information.
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By using AARKA Eyewear, you confirm that all information provided by you is true, complete, and accurate and that you satisfy the eligibility requirements set out in these Terms and Conditions.
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By placing an order, you represent and warrant that you are legally eligible to purchase and use the Products ordered from AARKA Eyewear and that such purchase does not violate any applicable law or regulation.
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AARKA Eyewear reserves the right to reject, limit, or cancel unusually large quantity purchases or orders suspected to be placed for resale, inventory hoarding, or commercial purposes, even after payment has been received.
8. LIMITATION OF LIABILITY
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To the fullest extent permitted under applicable law, AARKA Eyewear, its directors, officers, employees, affiliates, partners, licensors, agents, service providers, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of the website, purchase of Products, or inability to access or use the Services.
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AARKA Eyewear shall not be liable for any loss of profits, revenue, business opportunities, goodwill, anticipated savings, data, or any other indirect or consequential loss, whether arising in contract, tort (including negligence), strict liability, or otherwise.
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AARKA's total aggregate liability arising from any claim relating to a Product or order shall not exceed the amount actually paid by the customer for the specific Product giving rise to such claim, to the maximum extent permitted by applicable law.
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AARKA Eyewear shall not be responsible for any delay, failure, or non-performance caused by events beyond our reasonable control, including but not limited to natural disasters, government actions, transportation delays, courier issues, technical failures, cyberattacks, internet outages, payment gateway failures, or other force majeure events.
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We shall not be liable for any damages resulting from:
a. Improper use, misuse, alteration, or unauthorized modification of the Product.
b. Failure to follow Product care, maintenance, or usage instructions.
c. Normal wear and tear, accidental damage, negligence, or misuse by the customer.
d. Delays caused by third-party logistics providers, payment gateways, or other external service providers. -
Nothing contained in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law.
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By purchasing Products from AARKA Eyewear, you acknowledge and agree that the limitations of liability set out in these Terms are reasonable and form an essential basis of the agreement between you and AARKA Eyewear.
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To the maximum extent permitted by law, the customer's sole remedy for any valid claim shall be repair, replacement, refund, or store credit, at the sole discretion of AARKA Eyewear.
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AARKA Eyewear shall not be responsible for any payment reversal, chargeback, settlement delay, rolling reserve, bank decision, card network decision, payment gateway action, or other payment-related action or decision taken by a third-party payment service provider or financial institution that is beyond AARKA's reasonable control.
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In the event of any conflict between the limitation of liability provisions in Part A and Part B in relation to a Product purchase or order, the provisions of Part B shall apply to that purchase or order.
9. AMENDMENTS
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AARKA Eyewear reserves the right to modify, revise, update, or replace these Terms of Sale at any time without prior notice, in accordance with applicable laws.
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Any amendments or updates to these Terms of Sale shall become effective immediately upon being published on the AARKA Eyewear website, unless otherwise specified.
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Your continued use of AARKA Eyewear or purchase of Products after any changes have been published constitutes your acceptance of the revised Terms of Sale.
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It is your responsibility to review these Terms of Sale periodically to remain informed about any updates or modifications.
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If any amendment is required by applicable law, governmental authority, or regulatory body, such amendment shall automatically apply to the extent required by law, including, where applicable, to orders already placed but not yet completed.
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If you do not agree with any modification to these Terms of Sale, you should discontinue using the website and refrain from placing further orders.
10. FORCE MAJEURE
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AARKA Eyewear shall not be held responsible for any delay, interruption, or failure to perform its obligations under these Terms of Sale if such delay or failure is caused by events beyond its reasonable control.
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Such events include, but are not limited to:
a. Natural disasters, including floods, earthquakes, cyclones, storms, or other acts of God.
b. Fire, explosions, accidents, epidemics, pandemics, or public health emergencies.
c. War, terrorism, civil unrest, riots, strikes, lockouts, labor disputes, or political disturbances.
d. Government actions, court orders, changes in laws or regulations, embargoes, import or export restrictions, or actions by regulatory authorities.
e. Power failures, internet outages, telecommunication failures, cyberattacks, server failures, or other technical disruptions.
f. Transportation delays, courier disruptions, supply chain interruptions, shortages of materials, manufacturing delays, or failures of third-party service providers. -
During the occurrence of a Force Majeure event, AARKA Eyewear may suspend, delay, or extend the performance of its obligations without incurring any liability.
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AARKA Eyewear shall make reasonable efforts to resume normal business operations as soon as the Force Majeure event has ended.
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Nothing contained in this clause shall require AARKA Eyewear to perform any obligation where such performance has become impossible, impracticable, or unlawful due to the occurrence of a Force Majeure event.
11. WAIVER
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No failure, delay, or omission by AARKA Eyewear in exercising any right, power, remedy, or privilege under these Terms of Sale shall operate as a waiver of such right, power, remedy, or privilege.
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Any waiver by AARKA Eyewear of any provision of these Terms of Sale shall be valid only if made in writing and signed by an authorized representative of AARKA Eyewear.
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A waiver of any breach or default shall not be deemed to be a waiver of any subsequent or continuing breach of the same or any other provision of these Terms of Sale.
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The exercise of any right or remedy by AARKA Eyewear under these Terms of Sale shall not prevent the exercise of any other right or remedy available under applicable law.
12. GOVERNING LAW AND DISPUTE RESOLUTION
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These Terms of Sale, all purchases made through AARKA Eyewear, and any disputes arising from such purchases shall be governed by and construed in accordance with the laws of India.
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Subject to any rights or remedies available to consumers under applicable law, courts having competent jurisdiction in Surat, Gujarat shall have jurisdiction over disputes arising from these Terms of Sale.
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Before initiating any legal proceedings, customers are encouraged to contact AARKA Eyewear's customer support to seek an amicable resolution. AARKA Eyewear will make reasonable efforts to resolve disputes promptly and fairly.
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If any provision of these Terms of Sale is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to remain valid and enforceable to the fullest extent permitted by applicable law.
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Nothing contained in these Terms shall restrict or limit any rights available to consumers under the Consumer Protection Act, 2019, or any other applicable law.
13. MISCELLANEOUS
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In addition to these Terms of Sale, you agree to comply with the terms and conditions of third-party service providers associated with AARKA Eyewear, including payment gateways, banks, courier partners, logistics providers, promotional partners, financing providers, and any other service providers involved in the processing or fulfillment of your order.
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These Terms of Sale, together with the Terms of Use, Privacy Policy, Return & Refund Policy, Shipping Policy, Warranty Policy, and any other policies published on the AARKA Eyewear website, constitute the complete agreement between you and AARKA Eyewear regarding the purchase of Products.
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These Terms of Sale supersede all prior oral or written communications, representations, agreements, or understandings relating to the sale of Products through AARKA Eyewear.
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Any rights or remedies available to AARKA Eyewear under these Terms of Sale shall be in addition to, and not in substitution for, any rights or remedies available under applicable law.
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If you have any questions regarding these Terms of Sale, please contact AARKA Eyewear through the contact information provided on our website.
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Personal information shall be collected, processed, stored, and protected in accordance with our Privacy Policy and applicable laws, including the Digital Personal Data Protection Act, 2023, as amended from time to time.
14. Warranty Policy
Warranty coverage, duration, exclusions, and claim procedures are governed by AARKA Eyewear’s Warranty Policy available on the website.
15. PRESCRIPTION PRODUCTS & CUSTOM LENSES
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The customer is solely responsible for providing an accurate and complete prescription. AARKA Eyewear shall not be liable for any errors arising from incorrect, incomplete, outdated, or illegible prescription details submitted by the customer.
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Customers are advised to verify all prescription details, including SPH, CYL, Axis, Add Power, PD (Pupillary Distance), and any other required measurements before placing an order.
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Prescription lenses are custom-made based on the information provided by the customer. Therefore, Prescription products cannot be cancelled, returned, exchanged, or refunded due to incorrect prescription details provided by the customer, except where otherwise required under applicable law.
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If AARKA Eyewear requires clarification regarding a prescription, order processing may be delayed until the necessary information is received from the customer.
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AARKA Eyewear reserves the right to refuse or cancel any prescription order if the submitted prescription is incomplete, inconsistent, suspected to be inaccurate, or cannot be fulfilled safely.
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Any remake, replacement, or warranty claim for prescription lenses shall be subject to AARKA Eyewear's Prescription and Warranty Policy and may require verification of the original prescription.
16. FRAUD PREVENTION, PAYMENT VERIFICATION & CHARGEBACK POLICY
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AARKA Eyewear reserves the right to verify any order before dispatch and may request additional information or documents, including Government-issued identification, proof of address, proof of payment, authorization letters, selfie verification, or proof of ownership of the payment method, where legally permissible.
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AARKA Eyewear will not request or require customers to disclose their card PIN, CVV, UPI PIN, OTP, internet banking password, account password, or other confidential authentication credentials for order verification, payment processing, or refund processing. Customers must not share such credentials with any person claiming to represent AARKA Eyewear.
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Orders shall be processed only after successful receipt and confirmation of payment by AARKA Eyewear or its authorized payment partner.
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By placing an order, the customer confirms that they are authorized to use the selected payment method and that all payment information has been provided lawfully with the consent of the rightful account or card holder.
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Orders placed after successful account authentication, login verification, or OTP verification shall be presumed to have been placed by the account holder unless proven otherwise under applicable law.
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AARKA Eyewear may rely upon OTP verification, courier records, delivery photographs, GPS logs, IP addresses, browser fingerprints, device information, payment gateway logs, call recordings, WhatsApp conversations, emails, SMS, and other electronic records as valid evidence in the event of any payment dispute, fraud investigation, or legal proceeding.
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Electronic communications between the customer and AARKA Eyewear, including emails, SMS, WhatsApp messages, chat history, and call recordings, may be retained and relied upon as evidence where permitted by applicable law.
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AARKA Eyewear reserves the right to contest any chargeback, payment reversal, or disputed transaction by submitting all relevant evidence to banks, payment gateways, card networks, insurers, regulatory authorities, arbitration bodies, or courts.
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The customer agrees that initiating an unjustified chargeback or payment dispute after successful delivery constitutes fraud and a material breach of these Terms and Conditions.
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AARKA Eyewear reserves the right to cancel orders, recover promotional discounts, coupons, cashback, loyalty rewards, referral benefits, or any other promotional incentives obtained through fraud, abuse, misrepresentation, multiple account creation, or violation of these Terms and Conditions.
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False claims of non-delivery, unauthorized transactions after verified delivery, return fraud, payment fraud, coupon abuse, or any other fraudulent activity may be investigated, and AARKA Eyewear may pursue all civil and criminal remedies available under applicable law.
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Where legally permitted, AARKA Eyewear may share relevant order, payment, delivery, and communication records with payment gateways, banks, card networks, insurers, courier partners, cybercrime authorities, regulatory authorities, and law enforcement agencies for fraud prevention, dispute resolution, or legal compliance.
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For quality assurance and fraud prevention, AARKA Eyewear may record the inspection, packing, and dispatch processes for orders. Such records may be used to establish the condition, quantity, identity, and packaging of Products at the time of dispatch and may be relied upon as evidence in the event of any dispute, return, replacement, or fraud investigation.
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AARKA Eyewear reserves the right to suspend or terminate customer accounts, disable Cash on Delivery (COD), refuse future orders, or blacklist customer accounts, addresses, payment methods, or other identifiers associated with repeated fraud, abuse, chargeback misuse, or violations of these Terms and Conditions.
17. DELIVERY, PROOF OF DELIVERY & RISK TRANSFER
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Delivery shall be deemed completed once the courier partner records successful delivery through OTP verification, recipient signature, delivery photograph, GPS confirmation, or any other delivery confirmation method accepted by the courier.
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Delivery to the customer, or to a person reasonably identified or authorized to receive the shipment at the delivery address, including a family member, security personnel, receptionist, building representative, or other authorized recipient, shall constitute delivery to the customer, subject to applicable law and the courier partner's delivery procedures.
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Upon successful delivery, the risk of loss, theft, damage, or deterioration of the Product shall immediately pass to the customer, irrespective of whether the Product is subsequently lost, stolen, or damaged. This transfer of risk shall not affect any statutory rights of the customer or AARKA Eyewear's obligations relating to defects, incorrect Products, manufacturing defects, warranty claims, or other matters for which AARKA Eyewear is responsible under applicable law.
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Ownership of the Product shall transfer to the customer upon successful delivery of the Product, provided that full payment for the Product has been received by AARKA. Until successful delivery and receipt of full payment, ownership shall remain with AARKA to the extent permitted by applicable law.
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Courier records, Proof of Delivery (POD), OTP verification, recipient signatures, delivery photographs, GPS data, and other delivery confirmation methods may be relied upon by AARKA as evidence of successful delivery and may be submitted to payment gateways, banks, card networks, insurers, regulators, or other relevant authorities in connection with a dispute or chargeback, subject to applicable laws and the rules and procedures of the relevant payment provider or authority.
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False claims of non-delivery, unauthorized transactions after verified delivery, or misuse of chargeback mechanisms may be investigated, and AARKA Eyewear reserves the right to pursue all civil and criminal remedies available under applicable law.
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Where legally permitted, AARKA Eyewear may share relevant delivery records and supporting evidence with courier partners, payment gateways, banks, insurers, regulatory authorities, cybercrime authorities, and law enforcement agencies for dispute resolution, fraud prevention, or legal compliance.
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Delivery timelines displayed on the website are estimates only and shall not constitute guaranteed delivery commitments. Delays caused by courier partners, weather conditions, customs clearance, government restrictions, or other events beyond AARKA Eyewear's reasonable control shall not constitute a breach of these Terms.
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Customers are responsible for providing an accurate and complete delivery address, contact number, and any other information required for successful delivery. AARKA Eyewear shall not be liable for failed or delayed deliveries resulting from incorrect or incomplete information provided by the customer.
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If a shipment is refused, remains undelivered due to customer unavailability, or is returned to AARKA Eyewear because of incorrect delivery details provided by the customer, additional shipping or handling charges may apply before re-dispatch, where applicable.
18. ADDITIONAL PROVISIONS
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Personal information shall be collected, processed, stored, and protected in accordance with the Privacy Policy of AARKA Eyewear and applicable laws, including the Digital Personal Data Protection Act, 2023, as amended from time to time.
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Minor variations in colour, finish, texture, acetate patterns, lens tint, dimensions, or overall appearance may occur due to manufacturing processes, batch variations, lighting conditions, and display settings and shall not be considered manufacturing defects.
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Any review submitted in connection with a Product purchased from AARKA Eyewear shall remain subject to the provisions of "License and Use of Your Content" contained in Part A of these Terms and Conditions.
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AARKA Eyewear reserves the right to remove, reject, or report fake reviews, review manipulation, incentivized reviews, coordinated review campaigns, spam, or any content that violates applicable laws or platform policies.
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Nothing contained in these Terms and Conditions shall restrict or limit any rights available to consumers under the Consumer Protection Act, 2019, or any other applicable law.
