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Terms and Conditions

Last updated: 27-Apr-2023

Shanaira Enterprises LLP is incorporated as a company in India, under the provisions of The Companies Act, 2013, (hereinafter referred to as “Shanaira”, “we”, “the Company,” “our,” or “us”). The Company is in the business of retailing and distribution, via multiple channels and modes of distribution across India, an extensive range of home décor artifacts like Polyresin/Stone figurines, Marble statues and God Idols, Wall arts, Plants & Planters, Table runners & Cushion cover, Metal arts, Trendy wall clocks, Modern artifacts, Candles, Candle holders, Bar décor & accessories etc. falling under various categories. All transactions or the products under the brand ManSha (ManSha Home Decor & Gifting) as ordered by you on the website https://www.manshadecor.com/ are designed, developed, and owned by Shanaira Enterprises LLP and shall be fulfilled. For all the orders you place, it shall be the sole responsibility of the Company to fulfill those orders including but not limited to delivery, returns and exchange of the products, after sales service or support (if any) where applicable etc.

You agree that Shanaira, its employees, affiliates, officers, agents, or directors, consultants or employees shall not in any event be liable for any of the purchases made by you through the https://www.manshadecor.com/, nor bear any responsibility of any nature whatsoever. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SHANAIRA AND OR ITS REPRESENTATIVES ARISING AS A RESULT OF OR IN RELATION TO THE WEBSITE OR PURCHASES MADE OF PRODUCTS OR SERVICES INCLUDING INTER-ALIA CLAIMS RELATING TO PAYMENT AND DELIVERY OF THE PRODUCTS AND THE LIKE.

NOT WITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY THE COMPANY TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.

 

SERVICES, ORDER, PRICING AND PAYMENT:

 1.      These Terms set forth the terms and conditions applicable to the sale and purchase of the products between Shanaira and you. In case there is any change in law or any changes in the business of the Company, it will require the Terms to be changed from time to time (“Revised Terms”). As such, it is recommended you review the terms and conditions periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms or any other terms and conditions.

2.      You agree that there is no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on https://www.manshadecor.com/ made by Shanaira. All products are provided by the Company on an 'as is' basis.

3.      The information and advertisements for goods and services that may be found on this website constitute an "invitation to offer" to the general public. Your order for a purchase represents your "offer," which shall be subject to acceptance or rejection by Shanaira and shall further be subject to the terms and conditions that are mentioned below. Shanaira shall have the exclusive right to determine whether to accept or not to accept your offer . The Company is obligated to follow through on all the accepted proposals. If you have provided us with a valid email address or contact number, the company will inform you via email or by SMS (depending on the circumstances) as soon as possible to confirm receipt of your purchase. Your order will be considered accepted after the product(s) you bought have been sent out for delivery. Note that prior to the actual shipment of the product(s) ordered by you, none of the Company's acts or omissions in any way indicate acceptance of your offer.

4.      Persons who are "incompetent to contract" under the Indian Contract Act, 1872, including minors, un-discharged insolvents, and others, or who are otherwise barred by law are not eligible to place an order for a product or use or transact on the Website. Users who are less than 18 years old are not permitted to transact on or use the website. Website is freely accessible to any end user, however, use of it is subject to certain terms and conditions, such as those outlined in the website's privacy policy and terms of use, or any other terms and conditions.

5.      Services shall include the following: 

  1. Supply of the product that you ordered.
  2. Procurement of logistics services from a company that has experience with collection and transportation to deliver the Products that you ordered; and
  3. Shanaira customer service, which enables you to contact us at the support@manshadecor.com with any questions or concerns that you may have with respect to the Product(s) that you have purchased.

6.      You agree to pay the entire amount payable for the purchase of the Product, as per the indicated prices during the ordering process, which includes payment for all shipping expenses and other charges associated with that transaction. Prices are displayed in Indian National Rupees, which is also the currency to be used to make payments. 

7.      Shanaira may refuse to accept your order for Products if: (a) the item or items you ordered are no longer available; (b) Shanaira is unable to obtain authorization for your payment; (c) shipping restrictions are applicable to a certain product or location; (d) Shanaira discovers an error in the product's price or description; or (e) for any other reason, as determined solely by us. In any of these instances, you will be informed by Shanaira that your order has not been accepted by us, and that Shanaira will not process the payment you made for it and will not be responsible to you or any third party as a result of our decision to decline processing an order or unwinding or suspending any transaction post the commencement of processing. 

8.      There is a possibility that the prices that are displayed on the website including at the time when the purchase is being made may have errors or be inaccurate. There is also the possibility of errors occurring in transmission, which may result in your purchase being interrupted. We will strive in good faith to resolve any difficulties that may develop because of such errors, without admissions. You agree to cooperate with Shanaira to resolve such difficulties, and you agree that the Company shall have complete discretion to select the proper resolution in such circumstances. 

9.      While you may choose any of the payment methods that are available on the website, we will not be responsible for any loss or damage that may result, either directly or indirectly, to you as a result of the following circumstances:

  1. Any of the transactions are not authorized, or
  2. The pre-set limit mutually agreed upon by You and between "Bank/s," is exceeded
  3. The transaction results in any payment related issues
  4. Decline of transaction for any other reason/s

 

10.    For the convenience of its clients, Shanaira may provide several different payment choices that can be made using a variety of instruments or modes. Shanaira is not obligated to provide prior notice if it chooses to add, withdraw, or otherwise alter the terms and circumstances that apply to any of these payment choices. With no prejudice to the aforesaid, the utilization of any of the aforementioned payment options shall at all times be subject to the rules, regulations, and guidelines under applicable law as well as those prescribed by RBI, issuer banks, acquiring banks, facility providers, and other intermediaries involved in the payment process. 

11.    All payment transactions require validation by the issuer as applicable. The Company has the right to cancel the order in the event that the issuer of your payment instrument(s) does not authorize the payment. The Company is not to be held liable for any delay arising out of such a situation. 

12.    Shanaira may refuse to process transactions by buyers who have a history of questionable charges, including but not limited to any agreement breaches by the buyer with the Company, or a breach/violation of any legislation or any penalties imposed by issuing bank or breach of any policy. 

13.    Before accepting the receipt of buyers' promise to pay (for Cash On Delivery transactions) transaction price from the Buyer, Shanaira has the right, but is not obligated, to do any checks that it sees proper for the purposes of security or any other reason that the Company considers appropriate. As a consequence of this check, if we determine that it is not pleased with the creditability of the buyer or the validity of the transaction or transaction price, it will have the right to refuse the receipt of/buyers' promise to pay transaction price.

14.    Any and all information pertaining to billing and registration that is submitted must be honest and correct. The provision of any information that is either untrue or incorrect is considered a violation of these Terms. When you reach the last step of the procedure and confirm your purchase, you are indicating that you are willing to accept and pay for the item or items that were requested.

 

15.    In case certain orders represent improper or unethical use of the website and the services it provides, refusal or cancellation of any order for any reason is at the sole discretion of Company and the Company reserves the right in such an occurrence. Your account may be terminated or restricted for any reason, regardless of the cause, at the sole discretion of the Company. 

 

16.    In the event that a Product is advertised at an inaccurate price owing to a mistake in pricing, Shanaira shall have the right to refuse or cancel any orders that have been placed for such Product. This right is solely within the Company's discretion. If a Product has been incorrectly priced, the Company may, at its discretion, either contact you for instructions or cancel your purchase and notify you of such cancellation. In any case, we will make every effort to correct the error before fulfilling your order.

17.    The Company maintains the right, in its sole discretion and without prior notice, to limit the number of things purchased per person, per household, or per order. This restriction applies regardless of the value of the items being purchased. Orders that use the same billing and/or shipping address, as well as orders placed by the same account or credit card, and orders that use the same billing and/or shipping address, may be subject to these limitations.

 

DISCLAIMER WITH RESPECT TO IMAGE, COLOR, AND SIZE

  1. Although every effort is taken to ensure that the product information is accurate and up to date, it is ultimately the responsibility of the consumer to ascertain whether or not the item they purchase meets all of their individual requirements.
  2. The colors of the material and product that are displayed on the website and mobile applications may not be an accurate representation of the actual product owing to differences in computer screen, resolution, color, tone, lighting setting/nature of the material and/or any other settings, product finishes over time, and other reasons.
  3. Measurements of the real product may differ slightly from those listed on the website, but this will not have a substantial impact on how the product functions. The dimensions of the real product, which will serve as the ultimate standard. In certain circumstances, we are unable to accept returns or provide refunds.
  4. Shanaira shall not be held responsible for any color, size, or design deviations that are not the result of production defects in the product. When you make a purchase from us, you acknowledge that you are willing to accept the possibility that the actual color and design of the product may differ somewhat from how it is depicted on our website and that these differences may occur.

LIMITATION OF LIABILITY AND INDEMNITY:

1. You agree to indemnify and hold Shanaira, its directors, officers, employees, affiliates, group companies, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by Shanaira as a result of your breach of these Terms. You agree to defend, indemnify, and hold harmless Shanaira and its affiliates and group businesses from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to any violation by you of these Terms or any other terms and conditions on the Website. This includes holding them harmless from and against any and all claims, damages, costs and expenses arising from or related to any breach by you of any other terms and conditions on the Website.

2. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SHANAIRA OR ANY OF ITS AFFILIATES, GROUP COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF SHANAIRA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE; (II) YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; (III) YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO Shanaira; (IV) THE PROVISION OF SERVICES BY SHANANAIRA OR; OR (V) ACTS OR NEGLIGENCE ON THE PART OF Shanaira. SHANAIRA IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR EXPENSES THAT EXCEED THE AMOUNT PAID BY YOU TOWARD THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSSES, DAMAGES, OR EXPENSES THAT EXCEED THIS AMOUNT. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

 

GENERAL:

1. In the event that any provision of these Terms or any other terms and conditions is found to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of these Terms or any other terms and conditions shall continue to be in full force and effect. The fact that the Company does not immediately take action in response to a violation of these Terms committed by you or anyone else does not constitute a waiver of Shanaira’ s rights with regard to either the initial breach or any breaches that may occur in the future.

2. The laws of India shall govern these terms and any other terms and conditions, and the courts of Hyderabad, Telangana shall have exclusive jurisdiction over any disputes that may arise as a result of these terms and any other terms and conditions.

3. You recognize and agree that there is no joint venture, partnership, employment, or agency relationship between you and Shanaira as a consequence of your use of this Website. This connection does not exist, and you acknowledge and agree that there is no such relationship.

4. A reference to the Website in these Terms includes both the website's current URL, www.manshadecor.com, as well as any URLs that may replace it in the future.

5. These Terms (I) constitute the entire agreement between you and Shanaira with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating to the subject matter hereof.

6. Shanaira shall not be held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major unforeseen events