TERMS OF SALE
THESE TERMS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND SWAMINARAYAN AKSHARPITH, INC., DOING BUSINESS AS AKSHAR TO PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this Agreement, you should not order any products through our website.
These Terms of Sale apply to products ordered from the https://akshar.org/ website of Swaminarayan Aksharpith, Inc. doing business as Akshar (“Company” “we,” or “us”). These Terms of Sale do not apply to products purchased in retail stores or offline or any other website of the Company.
ORDERS AND ACCEPTANCE
By submitting an order, you represent and warrant that all personal information you have entered for the order is valid. Orders may only be placed by persons who are located in the United States of America, 18 years or older, who have the legal capacity to contract on their own behalf or on the behalf of the entity for whom they are placing the order.
[If you decide to cancel or change an order that you have submitted, we will try to accommodate your request, however we cannot guarantee that your order will be changed or cancelled in all cases and will not be liable for failure to do so. Please note that orders that have been processed for shipment or that have shipped cannot be cancelled or changed
By placing an order you are making an offer to purchase the indicated products in accordance with these Terms of Sale. All orders are expressly conditioned upon acceptance by us, and we may refuse or cancel orders for any reason at any time, including breach of these terms. If your credit card has already been charged for a purchase and your order is not accepted, we will issue an appropriate credit to your credit card account. We issue a confirming order acknowledgment via e-mail for each order, however the order will not be deemed accepted until you receive a shipping notification. You should notify us immediately if discrepancies are noted in the acknowledgment
We will issue an e-mail notifying you when your order has been shipped. This shipping notification will constitute our acceptance of your order. These terms supersede all prior written or oral statements or understandings between you and Company and constitute the entire and only agreement between them relating to the subject matter. Any proposal for additional or different terms or any attempt by you to vary in any degree any of this Agreement is hereby objected to and rejected.
Company controls and manages the website from facilities in the state of New Jersey. Unless otherwise stated, materials and content on the website are presented solely for promoting products and services in the United States of America. Information published on the website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the website are legal, available or appropriate in your country or region.
Our Customer Service personnel can be reached via telephone at 732-777-9677, Monday through Friday, 8 am to 9 pm Eastern Time for questions regarding orders, cancellation of orders or returns.
LACK OF AVAILABILITY
All orders are subject to availability and we reserve the right to limit the quantity of items that may be purchased from time to time. If an item you have ordered is not in stock, we will notify you of the same before processing the remaining order.
We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content of our website are accurate, complete, reliable, current, or error-free. Slight variations may occur due to photo resizing or processing, computer monitor display settings, variations in materials and for technical and other reasons. We shall not be liable for variations or discrepancies in product descriptions, photos or other content of our website, and SUCH ISSUES ARE NOT CONSIDERED DEFECTS UNDER OUR LIMITED WARRANTY. Products are warranted, if at all, only as provided below.
All prices on our website are listed in U.S. Dollars. Prices do not include shipping and taxes which shall be charged on all orders as applicable and will be indicated at the time of your order.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
Payment for ordered products is due by one of the following methods:
(a) Credit Card: You may pay via Visa, Mastercard, American Express or Discover. Payment by credit card is due in full at the time an order is placed. All credit cards must be issued by a U.S. bank.Your rights as a cardholder are governed by your card issuer agreement and not this Agreement. You agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived. If we do not receive payment from your credit card issuer or its agent, including as a result of a chargeback, you agree upon our demand to pay all amounts due. Please note that in the event you dispute an order via chargeback, we reserve the right at our option, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus. We will not be responsible for any unauthorized amounts billed to your credit card by a third party.
(b) Account: In our discretion, payment may be made by established account with us. Our standard payment terms for account are net thirty (30) days from the date of invoice unless otherwise amended in writing. Payments not made when due are subject to a late payment service charge at a rate of 18% per annum or the maximum rate permitted by law, whichever is lower.
You are responsible for paying any sales, use, value-added or other taxes imposed on your purchases.
SHIPMENT AND DELIVERY
Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via USPS. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We will not be responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. It shall be your responsibility to file any available claims with the carrier.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE ABOVE LIMITED WARRANTY AND ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
RETURNS AND REFUNDS
Returns will be accepted only for 30 days from purchase date. All returned items must be in new condition and include all shipped items or components. Items are not eligible for return if they show any signs of wear or have been used or altered from their original condition in any way. We will pay the cost of return shipping if your return is the result of our error or a warranty return. In other cases, return postage will be paid by you and will be deducted from any refund you are owed.
To return an item, you must contact Customer Service during the applicable return period and request a Return Authorization (RA) number. An RA will not be issued if the applicable return period has expired or if the requested return information is not supplied. No returns will be accepted without an RA number. You must securely package the product (together with the Return Authorization materials), affix the designated delivery label and arrange for return shipment to us within 30 days of issuance of the RA number. You will have liability for loss and damage to products in transit, and we highly recommend that you insure all returns at your cost. You must retain proof of return shipment and delivery of returned products. Only merchandise received by us will be eligible for replacement or refund upon passing internal quality control standards. Received product will be subject to strict quality control standards and will be examined regarding condition, completeness and compliance with the return policy. Items returned in an unsatisfactory condition or otherwise not meeting these criteria will be refused and may be returned to the customer. We will use reasonable efforts to credit refunds within 14 days after receipt of returned products. Refunds will be made in the same form of payment originally used for purchase. Returns not made in compliance with any part of this return policy will not be eligible for replacement or refund.
Any notices or acknowledgements that are specified in this Agreement may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE RELATED PRODUCT HEREUNDER.
You agree to indemnify, defend and hold Company harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of this Agreement or from other liabilities arising out of your use of our website or of your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any principles of conflicts of law.
Akshar, 81 Suttons Lane, Piscataway, NJ 08854
Terms effective as of October 1, 2019