Welcome to Sammsara.com (“website”). By using this website you agree to be bound by the Terms and Conditions set out below. If you do not agree to these Terms and Conditions in their entirety please leave this website. The Sammsara website is provided solely for your personal use. You may not use this website for any commercial purpose. This document is an electronic record in terms of Information Technology Act, 2000 & rules there under as applicable & the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.These terms and conditions will apply to all orders delivered and are in addition to the general terms and conditions which together govern your contract with us for the sale of the products. If there is a conflict between the terms mentioned below, the terms contained in this T & C will alone prevail for the purposes of the usage of the site.
The domain name ‘Sammsara.com’ is registered in the name of ‘Moshi Retail India Private Limited’ which is a registered company under the Companies Act, 1956. Its registered office is at 204 Okhla Industrial Estate, Phase-3, New Delhi, India 110020. Sammsara is in the business of selling luxury lifestyle retail products such as home decor, furniture, fashion accessories & other related goods.
2. Right to Change
SAMMSARA reserves the sole right to update or modify these Terms & Conditions at any time without prior notice. For this reason, we encourage you to review them at the time of every purchase from our website.
3. Online Shopping
SAMMSARA will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of products appearing on the website are correct at the time when the relevant information was entered onto the system. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products that appear on the website. What you see will depend on your monitor and computer equipment, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your purchase. We will not be liable if for any reason the SAMMSARA website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire SAMMSARA website.
4. Order process
All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions. Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons: -The product you ordered is out of stock; -Our inability to obtain authorization for your payment; -We have identified a pricing or product description error; -There is a system or procurement failure; and -Failed customer validation checks. -Legal restrictions or practices for products in the area you have selected which prevents fulfilling your order for delivery; -Other restrictions for the area you have selected which prevents fulfilling your order for delivery. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your Credit card/Debit card/any other mode of payment has been charged, the said amount will be reversed in to your Account as the case may be to the source of the payment within a period of 30 working days. Any type of vouchers used in these orders shall be returned & made available to the user in case of cancellation by SAMMSARA. When you place an order on our website we shall email you an acknowledgement detailing the product you have ordered. This email is not an order confirmation or order acceptance from SAMMSARA. Acceptance of your order for goods and the completion of the contract between you and SAMMSARA will take place when your goods are dispatched by your carrier: we will email you that your goods have been dispatched. We reserve the right to fulfill multiple orders separately, which may mean they are dispatched separately by your carrier.
SAMMSARA endeavours but does not guarantee delivery of products in the stipulated time frame as mentioned on the purchase of the product. In no manner can the contract be repudiated if SAMMSARA fails to delivery any one or more products in the stipulated time frame. However, if you fail to take delivery of the goods, SAMMSARA may at its discretion charge you for additional shipping cost. You may request international delivery all delivery arrangements are made between you and your courier provider. All parcels will be delivered by your carrier and will require a signature on delivery. If no one is at home when your carrier attempts to deliver your parcel, they will leave a card with a contact number for you to arrange a new delivery date. Please note that your delivery may take longer during sale or other busy periods. Your order will be accepted by SAMMSARA when the products are collected on your behalf by the relevant delivery company from SAMMSARA for delivery to your chosen address. Risk of loss and damage of products passes to you on the date when the products are delivered.
6. Refunds & Returns Policy
SAMMSARA shall make all endeavors to deliver defect free products to the purchasers.SAMMSARA does not take title to any returned items purchased by the user unless the item is received by SAMMSARA. Any item purchased on our website does not qualifyfor any return unless the product delivered is damaged or has manufacturing defects.The defective and/or damaged goods so received shall be communicated to SAMMSARA within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered. SAMMSARA holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy. Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion. Additionally any free promotional gift given with an order must also be returned if you are returning those goods to which the gift related.
7. Payment Methods
While availing any of the payment method/s offered by us, we are not responsible TO take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s. All payments made against the purchases/services on Sammsara.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by SAMMSARA. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users. SAMMSARA may employ Pay U money, Citruspay, Paytm, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through electronically or through Cash on delivery transactions, as may be permitted by SAMMSARA which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
8. Pricing Policy
All prices are inclusive of GST (where applicable) at an appropriate rate and are correct at the time of entering the information onto the system. Prices may change and offers may be withdrawn at any time. Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled. Home Sale offers are subject to availability and may be withdrawn.
9. Product Availability / Information
We feature products on our website that have been carefully selected for sale on the Sammsara website. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. Goods are subject to availability. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items. All items are subject to availability
10. Gift Card Policy
E-Gift Cards bought on our website can only be redeemed online. E-Gift Cards can only be redeemed in the same currency in which they are bought. E-Gift Cards cannot be used towards buying E-Gift Cards in a different currency and cannot be redeemed for cash or store credit. Only one E-Gift Card can be redeemed in one shopping session. Partial redemption is not allowed. E-Gift Cards are valid till 3 years from the date of purchase SAMMSARA is not responsible if the E-Gift Card is lost or stolen or used without permission If the order value exceeds the gift card amount, the outstanding balance must be paid by debit card/credit card/net banking. E-Gift Card will be sent via email, no physical copy would be mailed separately. Please note that once E-Gift Cards are purchased, it cannot be returned or refunded under any circumstance. E-Gift Card Policy is subject to change at any time without prior notice.
11. Intellectual Property Rights & Copyright Policy
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SAMMSARA owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SAMMSARA without obtaining authorization from it. User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SAMMSARA does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted SAMMSARA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants SAMMSARA, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of SAMMSARA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of the Sammsara website.
12. Intellectual Property Rights Complaints
SAMMSARA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of SAMMSARA protected by copyright as a collective work under the applicable copyright laws. SAMMSARA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SAMMSARA and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with SAMMSARA shall not be deemed to be in the public domain but rather the exclusive property of SAMMSARA, unless such site is under license from the trademark owner thereof in which case such licen se is for the exclusive benefit and use of SAMMSARA, unless otherwise stated.
14. Member account, password and security
Registering and using the Sammsara website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Sammsara cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
15. Liability and Indemnity
All information, content, materials, products (including software) and other services included on or otherwise made available to you by SAMMSARA are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. SAMMSARA makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through SAMMSARA, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk. SAMMSARA does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that SAMMSARA shall not be liable for any damages of any kind related to your use of this Website. Though SAMMSARA shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. SAMMSARA shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website. SAMMSARA will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Sammsara shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material on this website or the performance of the product purchased through the website or the conduct of other users of this website. You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
16. Privacy and use of your data
The purpose of this statement is to set out how we will use personal information that we may obtain about you. By using this website and/or by registering as a user of any services provided by Sammsara on this website you agree to our use of your data as set out herein. When you register and use the Sammsara website you will be asked to provide certain information such as your contact details. We will store this data and hold it on computers or in manual files. We will use this data to fulfill our agreement with you. Please note that, to provide some of our services, we may require further details from you. Any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any on computers that may be protected by physical as well as reasonable technology security measures & procedures in accordance with Information Technology Act, 2000 & rules there under. We may use information that you provide or that is obtained by us: 1. to register you on our website and to administer our website services; 2. to administer any prize draws or competitions you may enter; 3. for assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services which we offer, and to enable us to provide you with information about our products and services that we think are relevant to you through our marketing activities; and 4. to keep you informed of such products and services (including special offers, discounts, offers, competitions and so on) by any of the following methods: email; telephone (including automated calls); SMS text message and other electronic messages such as picture messaging; post; fax or otherwise (including products and services of other companies and organisations) which we consider may be of interest to you. If you do not wish to receive information of such products and services, please tick the opt-out box provided when registering on this website. You will also be offered the opportunity to opt out in future marketing communications. We may use internal and external validation and fraud checking systems to verify your identity. We may share your data with selected third parties for marketing purposes but only after we have obtained your consent to do so. Where we record your telephone call for marketing purposes or to pass on information to a third party we will ask your consent before doing so. We may monitor or record telephone calls without your consent under the following circumstances: to provide evidence of a business transaction; to prevent or detect crime to investigate the unauthorised use of a telecom system; to ensure that a business complies with regulatory procedures; to see that quality standards or targets are being met in the interests of national security; and to secure the effective operation of the telecom system.
17. Linking to Website
You must not establish a link to this website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. Our website must not be framed on any other site, and you may not create a link to any part of this website other than the home page.
All contracts will be concluded in English. The website is controlled and operated in India. Any terms and conditions concerning the usage of this website will be governed by the laws of India and any dispute concerning use of this website will be determined exclusively by the Courts of India.
19. Force Majeure
Failure on the part of SAMMSARA to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against SAMMSARA or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of SAMMSARA that directly or indirectly hinders or prevents SAMMSARA from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
Any grievances you have by way of use of the website cab be addressed to the ‘Customer Care’ by way of email to firstname.lastname@example.org. The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
21. Governing Law
These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect. We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. SAMMSARA reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.