Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website avitamo.in (the "Website"), operated by AVITAMO SOLUTIONS PRIVATE LIMITED ("Avitamo", "we", "us", or "our"), a company incorporated under the Companies Act, 2013, and having its registered office at 4th Floor, 133/2, Janardhan Towers, Residency Road, Richmond Town, Bengaluru, Karnataka – 560025, India (GSTIN: 29ABDCA1786E1ZM).

By accessing, browsing, or placing an order on this Website, you ("User", "you", "your") agree to be bound by these Terms, our Privacy Policy, Refund & Cancellation Policy, and Shipping Policy. If you do not agree to any part of these Terms, please discontinue use of the Website immediately.

1. Eligibility

You must be at least 18 years of age to use this Website or place an order. By using the Website, you represent and warrant that you are legally competent to enter into a binding contract under Indian law, including the Indian Contract Act, 1872.

2. Account and Registration

Our Website currently operates on a guest checkout model. You are not required to create a user account to browse products or place an order. However, you are responsible for providing accurate and complete information during checkout, including your name, contact details, and shipping address. Providing false or misleading information may result in order cancellation.

3. Products and Pricing

3.1 Product Information

We make every effort to display product descriptions, images, sizes, colours, and specifications as accurately as possible. However, minor variations may occur due to differences in screen display settings, manufacturing batches, or fabric lot differences. Such variations shall not be considered a defect or misrepresentation.

3.2 Pricing

All prices displayed on the Website are in Indian Rupees (INR) and are inclusive of Goods and Services Tax (GST) at applicable rates. GST breakdowns are provided at checkout for your reference. We reserve the right to change prices at any time without prior notice, provided that orders already confirmed at a particular price will be honoured at that price.

3.3 No Misleading Discounts

In compliance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, we do not make false or misleading claims regarding discounts. Any discount or offer displayed on the Website reflects a genuine price reduction from the regular selling price.

3.4 Product Availability

All products listed on the Website are subject to availability. In the event that a product becomes unavailable after an order has been placed, we will notify you promptly and offer a full refund or a suitable alternative.

4. Orders and Payment

4.1 Order Placement

When you place an order on the Website, it constitutes an offer to purchase the selected products. We reserve the right to accept or reject any order at our sole discretion. An order is considered confirmed only upon receipt of an order confirmation email from us.

4.2 Payment Methods

We accept the following payment methods:

• UPI (Unified Payments Interface): Payments are processed securely through our payment gateway partner. UPI orders remain in "pending" status until payment is confirmed via the payment gateway. No false payment confirmations are generated.
• Cash on Delivery (COD): Available for orders within serviceable PIN codes across India. COD orders are confirmed immediately upon placement. Please keep the exact amount ready at the time of delivery.

4.3 Payment Security

All online payment transactions are processed through secure, PCI-DSS compliant third-party payment gateways. We do not store your credit/debit card or UPI PIN information on our servers, in compliance with RBI guidelines on tokenisation and data storage.

4.4 PIN Code Validation

During checkout, the delivery PIN code is validated against the selected state to ensure correct address mapping and serviceability. Orders with invalid or non-matching PIN code and state combinations will not be processed.

5. Shipping and Delivery

Please refer to our detailed Shipping & Delivery Policy for complete information regarding shipping charges, estimated delivery timelines, serviceable areas, and tracking procedures.

6. Returns, Refunds, and Cancellations

Please refer to our detailed Refund & Cancellation Policy for complete information regarding return eligibility, refund timelines, cancellation procedures, and non-returnable items.

7. Intellectual Property

All content on this Website, including but not limited to text, images, logos, graphics, product descriptions, trademarks, user interface design, and software code, is the exclusive property of AVITAMO SOLUTIONS PRIVATE LIMITED or its licensors, and is protected under Indian intellectual property laws, including the Copyright Act, 1957 and the Trade Marks Act, 1999.

You may not reproduce, distribute, modify, display, transmit, or create derivative works from any content on this Website without our prior written consent.

8. User Conduct

You agree not to:

• Use the Website for any unlawful, fraudulent, or malicious purpose
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the operation of the Website, servers, or networks
• Attempt to gain unauthorised access to any part of the Website or its associated systems
• Use automated tools, bots, or scripts to access or scrape the Website without our express written permission
• Place bulk, fraudulent, or speculative orders

Violation of any of these restrictions may result in order cancellation, account suspension, and/or legal action.

9. Prohibited Items

Avitamo does not sell or facilitate the sale of any prohibited or restricted items under Indian law, including but not limited to: drugs and narcotics, weapons and ammunition, counterfeit goods, lottery tickets, adult content, and tobacco or alcohol products. Our product catalogue consists solely of legally permissible men's and women's clothing and fashion accessories.

10. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

• Avitamo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website or purchase of products.
• Our total liability for any claim arising out of these Terms shall not exceed the amount paid by you for the specific order giving rise to the claim.
• We are not liable for delays, non-delivery, or damage caused by courier partners, natural disasters, government actions, or other events beyond our reasonable control (force majeure).

11. Indemnification

You agree to indemnify, defend, and hold harmless AVITAMO SOLUTIONS PRIVATE LIMITED, its directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.

12. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. While we strive to ensure accuracy and uptime, we make no warranties, express or implied, regarding the Website's availability, reliability, completeness, or fitness for a particular purpose. We do not guarantee that the Website will be error-free or uninterrupted.

13. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, we have appointed a Grievance Officer to address your complaints and concerns. For details, please visit our Grievance Redressal page.

14. Modifications to Terms

We reserve the right to amend, update, or modify these Terms at any time. The revised Terms will be effective from the date of posting on this page. Your continued use of the Website after such modifications constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, Refund & Cancellation Policy, and Shipping Policy, constitute the entire agreement between you and Avitamo with respect to your use of the Website and supersede all prior or contemporaneous communications and agreements.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.

18. Contact Information