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Ecommerce Terms

    1. Terms

    1.1. These Terms (“these Terms”) are published in compliance with the statutory requirement under the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the Rules made thereunder, as amended from time to time. 


    1.2. These Terms apply to products viewed and purchased via www.atypicaladvantage.in (“the Website”).


    1.3. These Terms are an electronic record as defined under the Information Technology Act, 2000 and rules made thereunder, as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.


    1.4. For the purpose of these Terms, wherever the context so requires, the terms “we”, “us”, “our” shall mean Atypical, who owns and operates the Website, and “you” or “User” shall mean the user of the Website, including any person who has visited, used and/or registered themselves on the Website. These Terms does not require any physical or digital endorsement by signature.


    2. Business

    2.1. The Website is a platform for online display and sale of artwork, groceries, household items and other products (“Products”) made by persons with disability (PWD) (“Vendor”) and purchase of the same by Users. The Website serves as a mere intermediary to the transaction between the Vendor and You, and performs the role of an Aggregator. For the sake of clarity, the Products are not manufactured by Atypical. 


    2.2. Atypical has the right to change or discontinue display or sale of any Products at any time, without notice. Atypical may add or modify the procedures, modes, processes or conditions of purchase at any time. Atypical shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product.


    1. Your Representations

      1. You shall take all responsibility for your own actions in viewing the Products, purchasing the same, rating or reviewing the same or any other action in relation to the Product or your use of the Website and Atypical shall not be liable for any such action or consequence thereof.


    1. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services from this Website under the laws as applicable in India. If you are a minor i.e. under the age of 18 years, you shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents.


    1. Pricing Information

      1. The Pricing Information relating to the Product shall be as displayed on the Website and disclosed to you at the time of your purchase/order. All prices are in INR (Indian National Rupee) and inclusive of G.S.T. (Goods and Services Tax) and exclusive of delivery charges.


    1. Atypical does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.


    1. While Atypical strives to provide accurate information relating to Products including pricing information, but typographical and other errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error, Atypical will have the right to modify the price of the Product and contact you with further instructions on the e-mail address provided by you. In the event the new price is not acceptable to you, Atypical shall refund the payment if it has already been processed and the order shall stand cancelled. However, the refund will be paid after deducting the shipping charges paid by the customer at the time of placing the order


    1. Sale, Offers and Discounts

      1. Atypical has the right to change or discontinue any sale/offer/discount/promotional scheme at any time without prior notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of sale/offer/discount/promotional scheme.


    1. The prevailing sale/offer/discount/promotional scheme is valid only for the notified period or until stocks last. No extensions will be possible on the sale/offer/discount/promotional scheme. The sale/offer/discount/promotional scheme can be discontinued prior to the specified date as per our discretion, for any reason whatsoever.


    1. You cannot modify/cancel/return/seek refund in relation to an order to which a sale/offer/discount/promotional scheme has been applied.


    1. No two offers can be clubbed for purchase of same Product(s) at a time.


    1. Gift vouchers and promo codes are applicable subject to the terms stated therein. Gift vouchers and promo codes shall not be applicable to items which are already subject of any sale/offer/discount/promotional scheme.


    1. Payment Policy

      1. While using any of the payment methods described on the Website for any of your purchases, we will neither be responsible nor assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to you inter alia due to the following reasons: 

        1. Lack of authorisations for any transaction.

        2. Exceeding the pre-set limit mutually agreed upon between you and the transacting bank.

        3. Any payment issues arising out of the transaction.

        4. Decline of transaction for any other reason.

     

    1. All valid Credit/Debit Cards/UPI and other payment instruments are processed using a Payment Gateway, and the same will also be governed by the terms and conditions agreed to between you and the transacting Bank and you and the Payment Gateway. You agree to peruse the aforesaid terms and conditions carefully prior to entering into any transaction. Atypical claims no liability in this regard. 

     

    1. You agree, understand and confirm that the credit card/debit card/banking details provided by you will be correct and accurate and you shall not use a credit card/debit card/banking details which is not lawfully owned by you in any transaction. Atypical will not be liable for any credit/debit card or banking fraud. The liability for fraudulent use of any credit card/debit card/banking details will be borne exclusively by you.


    1. Delivery of The Product

      1. Your shipping address and pin code will be verified for serviceability with the database of Atypical before you proceed to pay for your purchase. The shipping address must be within India, in an area serviceable by us. While entering shipping address details, you should ensure to provide correct, complete and accurate information along with landmarks if any to aid delivery. Atypical shall not, under any circumstance, be liable for any failure in delivery of the purchased Product(s) arising out of your failure to provide correct, complete and/or accurate information.


    1. The delivery time and shipping charges will be as specified at the time of placing the order. Please note that this is not a guaranteed delivery date for your order. Some areas may take longer due to the frequency of deliveries to the delivery zip code. Our system calculates this estimated date considering the total amount of time to process your order including: packaging and transit time.


    1. Shipping and delivery of Products is done by reputed third party delivery partners. Any disappearance of the Product during delivery is not the liability of Atypical. In the event the Product is damaged during delivery, you may follow the process given in Clause 9 below.


    1. In case you order multiple Products in one transaction, we will endeavour to ship all Products together. However, this may not always be possible. 


    1. In the event our delivery partner makes 2 (two) attempts to deliver the Products and you do not take the delivery of the Products on either occasion, we shall be free to cancel the order. The amount for the cancelled order shall be refunded via the same payment method after deducting the shipping charges.


    1. Timely shipping and delivery of Products is subject to force majeure events. We shall not be liable for any delay caused on account of acts of God including war, revolt, rebellion, state of emergency, strikes, riots, change in law, natural disasters (such as floods, earthquakes, hurricanes, cyclones, tempests, exceptionally adverse weather conditions), pandemics, government imposed restrictions or other unforeseeable circumstances beyond our control. In the event the delivery is delayed for any of the above reasons, you shall be intimated at your registered email id/mobile number.


    1. We cannot make any changes to the delivery address once your online order is placed. Orders placed online begin processing immediately in our system to ensure order fulfilment and shipping time.

     

    1. No Cancellation 

      1. All Orders placed through the Website are final. An Order once placed cannot be cancelled under any circumstances.


    1. We do not offer the option to return the Product and claim refund under any circumstances, save and except as explained under Clause 9 below. 


    1. Products cannot be returned for any reason whatsoever including without limitation any change of heart, or subjective dissatisfaction with the Product. Solely in the event of an incorrect Product being delivered or a genuine quality or manufacturing defect, certified by our quality team, the Product shall be replaced by us in the manner specified in clause 9 below. 

    1. Refund or Replacement Policy 

     

    1. Your purchase is eligible for replacement or refund only in the event (a) an incorrect Product (i.e. distinct from the Product you ordered) was delivered to you, (b) If the Product you receive has a genuine quality or manufacturing defect (as explained above). 


    1. It is clarified that in case of Artwork, subjective imperfections or flaws in the colors, strokes, fading, lines, drawings, sketches, shapes, etc. as well as any changes brought about by time or influenced by weather conditions such as heat, humidity, etc.as the case may be shall not be considered to be defects. You acknowledge that the photographs displayed on the Website are influenced by a variety of factors such as lighting, angle, quality of camera, editing, etc. and the Product may not correspond exactly to such photographs displayed.

     

    1. Every replacement or refund request is treated as an individual case. Atypical shall have the sole right to determine whether a Product is defective or not.


    1. If you happen to receive a damaged or defective Product, or an incorrect Product that does not correspond to your original order, you can return it on the spot, at the time of delivery. In case the damage or defect is discovered after accepting delivery, you may email the Customer Support Team at info@atypicaladvantage.in within 48 hours of delivery with the following information:

      1. Order number

      2. Delivery address

      3. Reason for the replacement, supported by clear images of the Product delivered, from all angles.

     

    1. We will not consider any emails or images for replacement of a Product or refund sent beyond 48 hours from the time of delivery.

     

    1. In the event we find that an incorrect Product was delivered to you, we will replace the Product delivered to you with the Product ordered by you within 2 weeks from the date that the incorrect Product is picked up from your provided address, subject to reasonable extensions Costs of shipping in such cases will be borne by Atypical.


    1. In the event we find that there is a genuine manufacturing or quality defect in the Product, we will either-


    1. Arrange for pickup of the Product and refund the amount paid by you as per the original payment method within 3 weeks from the date that the defective Product is picked up from your provided address, or

    2. replace the Product delivered to you, if practicable and if such Product is available, with another piece of the same Product within 2 weeks from the date that the defective Product is picked up from your provided address, subject to reasonable extensions.

    Atypical reserves the right to decide the appropriate and practicable resolution mechanism in each case. 

     

    1. If you find that the delivery package has been tampered with, please do not accept the item and handover the package back to the delivery person. We will not replace packages that have been tampered with.


    1. Modification

    Atypical reserves the right to update or modify these Terms at any time and from time to time, without any notice. If you disagree with our revisions to these Terms, you may discontinue the use of the Website. Please review these Terms periodically, and especially before you provide us with any information through the Website. Your continued use of the Website after any changes or revisions to these Terms shall indicate your agreement with the revised Terms.


    1. Your consent

    You acknowledge that by using this Website, you consent to all the provisions of these Terms, as well as the Privacy Policy, Disclaimer and any other Rules or Policies displayed on the Website.


    1. Notices

    Any notice or other communication required to be sent under these Terms shall be sent or delivered to the receiving Party by email, registered post or by hand delivery.


    1. Governing Law and Jurisdiction

    These Terms and the rights and obligations hereunder shall be construed in accordance with and be governed by the laws of India. Subject to the Dispute Resolution clause below, the courts in Jamshedpur, Jharkhand shall have exclusive jurisdiction. 


    1. Dispute Resolution

      1. In the event that a dispute arises out of or in connection with the validity, interpretation or implementation of these Terms, the parties shall attempt in the first instance to resolve such dispute through mutual discussion and negotiation, in good faith.

      2. If the dispute is not resolved in the aforesaid manner, the dispute shall be referred to arbitration under with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Jamshedpur, Jharkhand, India.

      3. The language to be used in the arbitration shall be English and all the pleadings and proceedings and the award in the arbitration shall be in English.


    1. Severability

    If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.


    1. Grievance Officer

    In accordance with the above-mentioned Act and Rules, the name and contact of the Grievance Officer are below:


    Name: Mr. Vineet Saraiwala

    Address: 40 CH Area, Road No. 15, North West, Sonari, Jamshedpur, Jharkhand – 831011 

    E-mail address: vineet@atypicaladvantage.in


    17. A shot at Life

      1. The programme is launched to support pre mature babies with their immediate medical needs & jointly managed by Atypical Advantage ( https://atypicaladvantage.in/) & Milaap ( https://milaap.org/)

      2. Whenever you purchase any artwork from Atypical Advantage or Milaap’s A shot at Life campaign, sale proceeds goes in saving premature babies. 50 % proceeds goes to the Artist for creating the Artwork & 50 % of the amount goes to saving pre mature babies. You get the Artwork at the same price along with applicable Taxes, free delivery & packaging. Kindly note that a very minimal 20 % charge is deducted which includes payment gateway ,shipping & handling, administrative expenses

      3. You can visit Milaap’s A shot at Life campaign page ( https://milaap.org/fundraisers/support-premies ) to see the details of the beneficiaries who have been impacted by your Art purchase. Additionally, Milaap & Atypical Advantage would share an e-mail communication when the fund is allotted to the beneficiary.

      4. The Artist with Disability is also contributing a part of his sale proceed to the A shot at life page along with the customer & this will also be highlighted on the Milaap’s campaign page

      5. Kindly note that the fund deployment is jointly done by Atypical Advantage & Milaap & shortlisted based post verification of the beneficiaries & rigorous screening procedures

      6. The fund deployment would only go in considering medical expenses for saving premature babies for underprivileged families

    This Document is prepared by Hariani & company on a pro bono basis & Atypical Advantage is thankful for their support


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