Terms of service

Last Updated: May 11, 2025

This website is operated by Adya Samarth Venture Private Limited. Throughout this site, the terms "we," "us," and "our" refer to Adya Samarth Venture Private Limited. We provide this website, including all information, tools, and services, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By accessing our site or making a purchase, you engage with our "Service" and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Shipping Policy, and our Return, Refund & Damage Policy, each of which is incorporated herein by reference. These terms apply to all users, including browsers, vendors, customers, merchants, and content contributors.

 

Please review these Terms carefully before using our website. Continued use indicates your acceptance. If you do not agree, you may not access or use our services.

 

SECTION 1 – ONLINE STORE TERMS

By accepting these Terms, you confirm that you are at least the age of majority in your jurisdiction or have obtained appropriate consent for minors. You agree not to use our products for any illegal or unauthorized purpose or violate any laws applicable to your jurisdiction. You must not transmit malicious code, worms, viruses, or destructive content. Violation of these Terms will result in immediate termination of your access to our services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time. Your content (excluding credit card details) may be transferred unencrypted over networks, involving technical changes to conform to network or device requirements. Credit card information is encrypted during transmission. You agree not to reproduce, duplicate, sell, resell, or exploit any part of the Service without written permission from us. Headings are for convenience only and do not affect the interpretation of these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The content is for general informational purposes and should not be solely relied upon for decision-making. Historical data may be provided for reference and is not current. We reserve the right to modify content at any time but are not obligated to update all information. It is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO SERVICE AND PRICES

Product prices are subject to change without notice. We may modify or discontinue the Service (or any part) at any time without liability. We are not responsible for any modifications, price changes, suspensions, or discontinuations.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online and may have limited quantities. Returns and exchanges are governed by our Return, Refund & Damage Policy, which is available on our website and incorporated into these Terms by reference.

 

We make every possible effort to display accurate colors and images, but we cannot guarantee perfect color reproduction on your monitor. We reserve the right to limit sales to certain regions or quantities and to discontinue any product at any time. Descriptions and pricing are subject to change without notice. We do not warrant the quality or accuracy of purchased products or services beyond what is expressly stated in our product listings.

 

The Service and the Site are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

 

SECTION 6 – BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel orders at our discretion. Orders may be limited or canceled based on various factors, including suspected dealer or reseller activity, fraud indicators, or abuse of promotional pricing. You agree to provide accurate, current, and complete information for all transactions and to update it promptly. Customers may cancel orders within 1 hour of order confirmation or before dispatch, whichever is later; once both conditions have passed, cancellation is not possible. For full details, please review our Return, Refund & Damage Policy.

 

SECTION 6A – GIFT CARDS

Gift Cards issued by Adya Samarth Venture Private Limited are redeemable solely on DivyaMandir.com. They cannot be exchanged for cash, reloaded, resold, transferred for value, or used to purchase other gift cards unless required by law. Gift Cards must be used within their validity period, which is typically 3 years from the date of issue in India, in accordance with Reserve Bank of India (RBI) guidelines on prepaid payment instruments. Lost, stolen, or unauthorized use of gift cards is the sole responsibility of the purchaser or holder. We are not liable for lost or stolen gift cards or their unauthorized use. Any remaining balance after expiry will be forfeited and not refunded. By purchasing, redeeming, or using a Gift Card, you agree to these terms and any additional conditions provided with the Gift Card. We reserve the right to modify these terms at our discretion, in compliance with Indian law.

SECTION 7 – CLAIMS, DAMAGE, AND FRAUD PREVENTION

All claims relating to damaged, defective, or incorrect products are subject to our Return, Refund & Damage Policy, which forms part of these Terms. By placing an order with us, you acknowledge and agree to the following:

•        A continuous, uninterrupted unboxing video is mandatory for any damage or defect claim. Claims submitted without video evidence will not be accepted under any circumstances.

•        Claims for damage or defects must be reported within 12 hours of courier-confirmed delivery. Claims for wrong items or change of mind returns must be reported within 48 hours of courier-confirmed delivery. Claims reported outside these windows will not be accepted.

•        Products must be unused and in their original packaging at the time of the claim.

•        We reserve the right to audit any claim and to reject claims that show signs of misuse, intentional damage, or fraud.

•        Where a claim is found to be fraudulent or made in bad faith, we reserve the right to permanently ban the customer's account, cancel all pending orders, and pursue legal remedies available under applicable law.

•        A restocking fee of 10% of the product value applies to approved change of mind returns. This fee is waived if the customer opts for store credit instead of a cash refund, and is not charged on returns due to damage, defect, or wrong item delivered. Damage recovery charges of up to 50% of the product value may apply where returned items show damage not attributable to transit. Full details are in our Return, Refund & Damage Policy.

 

These requirements exist to protect both genuine customers and the integrity of our operations. We remain committed to resolving legitimate claims promptly and fairly.

 

SECTION 8 – OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control or monitoring. These tools are provided "as is" and "as available," without warranties or endorsements of any kind. We accept no liability arising from your use of third-party tools. Your use of such tools is entirely at your own risk, and it is your responsibility to review and agree to the terms set by the third-party providers. In the future, we may introduce new features or tools; these will also be subject to these Terms of Service.

 

SECTION 9 – THIRD-PARTY LINKS

Our Service may include links or content from third parties. We are not responsible for evaluating or verifying third-party websites, content, or services, and do not endorse or warrant their accuracy or quality. Any transactions or interactions with third-party websites are solely between you and the third-party provider. We are not liable for any damages or harm resulting from your use of third-party products, content, or services. Please review their policies and terms before engaging.

 

SECTION 10 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit comments, suggestions, or creative ideas (collectively, "comments"), either at our request or voluntarily, you grant us the right to use, reproduce, publish, distribute, and modify these comments in any medium or format. We are not obliged to keep comments confidential, pay compensation, or respond to them. We may monitor, edit, or remove comments that are unlawful, offensive, defamatory, obscene, or violate intellectual property rights. You agree not to submit comments that infringe on third-party rights or contain harmful or unlawful content. You are solely responsible for the content you submit, and we assume no liability for comments posted by you or third parties.

 

SECTION 11 – PERSONAL INFORMATION AND DATA COLLECTION

Your submission of personal data through our website is governed by our Privacy Policy, which is available at DivyaMandir.com and incorporated into these Terms by reference. By using our Services, you also acknowledge and consent to the use of analytics tools including Google Analytics, which collects usage data and sets cookies on your device as described in our Privacy Policy. Please review our Privacy Policy for full details on how we collect, use, retain, and protect your information.

 

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct errors, update information, or cancel orders if inaccuracies are discovered, without prior notice, even after an order has been placed. We do not commit to updating or clarifying information regularly and are not liable for inaccuracies or outdated content.

 

SECTION 13 – PROHIBITED USES

In addition to other restrictions, you agree not to use the site for any of the following:

•        Any unlawful purpose or activity

•        Soliciting others to commit unlawful acts

•        Violating applicable laws or regulations

•        Infringing on intellectual property rights

•        Harassing, threatening, or discriminating against others

•        Submitting false or misleading information, including fraudulent damage or return claims

•        Uploading malicious content or viruses

•        Collecting personal data of others without consent

•        Spamming, phishing, or scraping data

•        Engaging in obscene, immoral, or harmful activities

•        Circumventing security measures

•        Abusing promotional pricing, discount codes, or return policies

 

Violations of these restrictions may result in immediate termination of your access to the Service, cancellation of pending orders, forfeiture of any outstanding credits, and legal action where appropriate.

 

SECTION 14 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Adya Samarth Venture Private Limited, its directors, employees, agents, affiliates, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with:

•        your use of, or inability to use, the Service or any products purchased through the Service;

•        any unauthorised access to or alteration of your data or transmissions;

•        statements or conduct of any third party in connection with the Service;

•        courier or logistics delays, losses, or damages beyond our reasonable control; or

•        any other matter relating to the Service.

 

Our aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total amount paid by you for the specific order giving rise to the claim. Nothing in these Terms shall limit or exclude our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be limited or excluded by applicable law.

 

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Adya Samarth Venture Private Limited, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any claims, demands, liabilities, or expenses (including reasonable attorneys' fees), made by any third party due to or arising out of:

•        your breach of these Terms of Service or any document incorporated by reference, including the Privacy Policy, Shipping Policy, and Return, Refund & Damage Policy;

•        your violation of any applicable law or regulation;

•        your infringement of the rights of any third party; or

•        any fraudulent, false, or misleading claim or submission made by you in connection with the Service.

 

SECTION 16 – DISPUTE RESOLUTION

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by sending written notice to the other describing the dispute in reasonable detail.

 

If the dispute is not resolved within 30 days of such notice, the parties agree to submit the matter to non-binding mediation before a mutually agreed mediator in Dehradun, Uttarakhand, India, before commencing any legal proceedings. Costs of mediation shall be shared equally between the parties unless otherwise agreed.

 

If mediation fails or is declined by either party, the dispute shall be subject to the exclusive jurisdiction of the courts located in Dehradun, Uttarakhand, India, in accordance with Section 18 below.

 

SECTION 17 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.

 

SECTION 18 – GOVERNING LAW AND JURISDICTION

These Terms of Service, as well as any separate agreements through which we provide you with Services, shall be governed by and construed in accordance with the laws of India. Subject to Section 16 (Dispute Resolution), the courts located in Dehradun, Uttarakhand, India, shall have exclusive jurisdiction over any disputes arising from or relating to these Terms. You hereby irrevocably submit to the personal jurisdiction of such courts.

 

SECTION 19 – TERMINATION

Any obligations or liabilities incurred by either party prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by providing notice that you no longer wish to use our Services, or by ceasing all use of our website. We reserve the right, at our sole discretion, to terminate this agreement at any time without notice if you fail, or we suspect that you have failed, to comply with any provision of these Terms. Upon termination, you will remain liable for any amounts due up to and including the date of termination.

SECTION 20 – ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Shipping Policy, and Return, Refund & Damage Policy (each incorporated herein by reference), constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals - whether oral or written - between you and us. The failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 21 – CHANGES TO TERMS OF SERVICE

The most current version of the Terms of Service is always available on this page for your reference. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting changes to our website. It is your responsibility to review this page periodically for any updates. Your continued use of the Service following the posting of any changes constitutes your acceptance of those changes.

 

SECTION 22 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact us at: support@divyamandir.com