Terms of Service

This website, www.simara.in (“Website”) is owned and operated by Simara (hereinafter referred as “Simara” or “Company” or “we” or “us” or “our“) having its registered office at 5th Floor, Panchratna Building, C/o 530-530A, Mama Paramanand Marg, Charni Road East, Opera House, Girgaon, Mumbai, Maharashtra 400004. Please read these Terms and Conditions carefully before using the Website. In accessing and using the services provided by our Website you signify your consent and agreement to be bound by the Terms and Conditions specified herein Simara reserves the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to check for the recent updates. Any updates to these Terms of Conditions shall take effect immediately upon the date of posting and you agree to be bound by the terms of these updates and amendments.

Eligibility criteria

Use of this Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Act, including minors (under the age of 18), are prohibited from using, purchasing from, or contracting with this Website. By accepting these Terms and Conditions, you represent that you are at least 18 years of age. Those accessing this Website from outside India are solely responsible for compliance with local laws. By transacting with us, you agree to abide by the laws of India.

Pricing

The prices displayed on our website are subject to change without notice. Please note that the price applicable to your order will be the one as listed on the day of your purchase. Prices indicated are subject to CGST/SGST/IGST, as applicable.

Fraudulent transactions

Simara reserves the right to recover the cost of goods, collection charges, and damages from any individual engaging in fraudulent use of this Website. We further reserve the right to initiate legal proceedings against such persons for fraudulent activities, unlawful acts, or any omissions that breach these Terms and Conditions. In such cases, Simara shall also be entitled to recover all associated legal expenses and court costs.

Disclaimer

This Website, along with its materials, content, products, and services, are provided on an “AS IS” basis without any warranties, express or implied, except as expressly stated otherwise in writing by Simara. Simara disclaims all other warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement regarding the information, content, and materials on the website. We do not guarantee that the website materials are accurate, complete, reliable, current, or free from errors, nor do we warrant that the website or its servers are free from viruses or other harmful components. All products and information displayed on the website constitute an invitation to offer; your purchase order represents your offer, which is subject to these Terms and Conditions. We reserve the right to accept or reject your offer in whole or in part, and our formal acceptance occurs only upon the dispatch of the ordered product(s). In cases where an order is dispatched in portions, only the dispatched portion is considered accepted, while the remaining balance continues to be an offer which we retain the right to accept or reject. No act or omission by Simara prior to actual dispatch, including the receipt of payment, shall constitute acceptance of your offer. If an email address is provided, we will notify you to confirm the receipt, dispatch, and subsequent acceptance of your order. While we make every effort to accurately display the colors and sizes of our products, the actual colors you see will depend on your monitor or display device and may not accurately reflect the product upon delivery; furthermore, product packaging may vary from the images displayed. If any part of this disclaimer is deemed invalid by law, the remaining provisions remain valid and enforceable.

Changes to site disclaimer

Simara reserves the right to modify or change this Website disclaimer from time to time. In the event of any updates, we will notify you by posting the revised disclaimer directly on the Website. If you do not wish to be governed by or agree to be bound by the revised terms, we kindly request that you refrain from using the Website. Your continued use of the Website following the posting of an updated disclaimer shall be considered your formal acceptance of those changes and the revised terms.

Website content

Simara reserves and retains all intellectual property rights in all text, programs, products, processes, technology, content, images, photographs, videos, video clips, music clips, illustrations, designs, icons, downloads, and any other materials (collectively, “Content“) which appear on this Website. Access to this Website does not authorize anyone to use any Content, name, logo, or mark in any manner. You may print or download the Content displayed on the Website for your personal, non-commercial use only; however, no right, title, or interest in any Content is transferred to you as a result of any such downloading, printing, or copying. You are strictly prohibited from reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling, or participating in any sale or exploitation of any Content or related software, in whole or in part, in any way. All software utilized on this Website is the property of Simara or its licensors and suppliers and is protected by both Indian and international copyright laws.

External material and links

This Website may include links to external websites that are beyond our control. Please note that Simara cannot be held accountable or responsible for the content, reliability, or privacy practices of such websites, nor do we provide any warranties or guarantees regarding them. We offer these links solely for your convenience and because we believe they may be of interest to you; however, the inclusion of any link does not imply an endorsement or active monitoring of the external site by us.

Liability

To the fullest extent permitted by applicable law, Simara, along with its officers, directors, employees, agents, and affiliates, shall not be held responsible or liable for any loss or damage suffered as a result of our online order service or goods supplied through the same. This limitation of liability covers all direct, indirect, incidental, special, or consequential damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses resulting from the use or inability to use the website, services, or content, even if we could have foreseen the loss or were advised of the possibility of such damages. Except as required by law, in no event shall our total liability to you exceed the actual amount paid by you, if any, for the specific product or service that is the subject of the claim.

Reviews, feedback and submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions (collectively, “Comments“) disclosed, submitted, or offered to Simara on or by this Website, or otherwise disclosed, submitted, or offered in connection with your use of this Website, shall be and remain the exclusive property of Simara.  Such disclosure, submission, or offer of any Comments shall constitute an assignment to Simara of all worldwide rights, titles, and interests in all copyrights and other intellectual properties contained therein. Consequently, Simara shall own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.  Simara shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without any obligation to compensate you in any way.

Simara has no obligation:

  1.  to maintain any comments in confidence;
  2. to provide compensation for any comments; and/ or
  3. to furnish responses for any comments.

You agree and confirm that any comments, suggestions, reviews, or feedback (collectively, “Submissions“) submitted by you to us or on this Website will not violate these Terms and Conditions, our Privacy Policy, or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Submissions provided by you will contain libelous, unlawful, threatening, abusive, or obscene material, nor will they contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” While Simara does not regularly review posted content, it reserves the right, but not the obligation, to monitor, edit, or remove any Submissions at its sole discretion. By submitting content, you grant Simara the right to use the name that you submit in connection with such Submissions and agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your comments. You remain solely responsible for the content of any Submissions you make and agree to keep indemnified Simara and its affiliates for all claims, damages, or costs resulting from any Submissions provided by you; accordingly, Simara and its affiliates assume no liability and shall not be held responsible for any comments, suggestions, reviews, or feedback submitted by you or any third party.

Indemnification

By accessing and utilizing this website, you agree to protect, defend, and hold Simara, along with its executives, directors, staff, representatives, and partners, harmless from any claims, liabilities, losses, damages, or expenses, including reasonable attorney fees that may arise from your use of the site or your failure to comply with these Terms and Conditions.

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.

Modification

Simara reserves the authority to update or revise these Terms and Conditions at any time without advance notice. The updated version will be available for your review on the Website, and we encourage you to check this page periodically for any changes. If you find any modifications unacceptable, you may chose not to visit and / or access the website.  Your continued access to, or use of, the Website following the posting of any updates constitutes your full acknowledgment and binding acceptance of the revised Terms and Conditions.

Force majeure

Simara shall not be held liable for any delay in the performance, or the non-performance, of any obligations under these Terms and Conditions, nor shall we be responsible for any resulting loss or damages, where such failure is caused by circumstances beyond our reasonable control. These circumstances include, but are not limited to, acts of God, war, civil unrest, riots, strikes, lock-outs, or industrial disputes; governmental or parliamentary restrictions, prohibitions, or enactments of any kind; pandemics or public health emergencies; import or export regulations and exchange control restrictions; or any accidents and unforeseen delays or non-availability of transportation services. In such events, our obligations will be suspended for the duration of the disruption, and you acknowledge that Simara is not responsible for any impact these external factors may have on your order or experience.

Termination

Simara reserves the right, at its sole discretion, to terminate or suspend your access to and use of this Website at any time and without prior notice. Upon such termination, we may immediately deny you access to the Website, and such action shall be taken without any liability to Simara. Our rights under these Terms and Conditions shall survive any such termination. Furthermore, the termination of your access shall not cancel your obligation to pay for any products already ordered, nor will it release you from or affect any liabilities that may have accrued against you under these Terms and Conditions prior to the date of termination.