Terms & Conditions

GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

 This document is an electronic record as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules thereunder.

myairth.com (“Website”) is owned and operated by Aatmay Stories (OPC) Pvt. Ltd (collectively “Aatmay Stories, we, our, us”), company incorporated under the Indian Companies Act, 1913 vide CIN: U51909KA2022OPC167320, having its registered office #18, 153/4, Horamavu Village, Bengaluru, Karnataka – 560043, India

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website (www.myairth.com) and the purchase of products on it (hereinafter referred to as the “Conditions”). 

For the purpose of this document, “User” / “Users” shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.

We urge the Users to read the Conditions, our Privacy Policy (hereinafter, referred to as the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, the User is bound by these Conditions and our Data Protection Policies.

Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. Aatmay Stories may at its sole discretion allow or disallow access to website and reserves the right to modify any of the Conditions at anytime, without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users acceptance of the modified Conditions.

1. ELIGIBILITY:

User should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If User is under 18 years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law.
If User is using the Website on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
Aatmay Stories reserves the right to refuse access to use the services offered at the Website to new User or to terminate access granted to existing User/ Users at any time without according any reasons for doing so.

2. USER ACCOUNT:

User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information relating to the User, as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If Aatmay Stories has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as Aatmay Stories deems fit.
The relevant information or personal details that User provides Aatmay Stories shall be processed in accordance with the Data Protection Policies. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality.
The User can create one Account only and it is not permitted to transfer or interchange such Account to any other person.

3. USE OF OUR WEBSITE

When the User uses this Website and places order through it, the User agrees to the following:

  • To use this Website to make enquiries and legally valid orders only
  • To refrain from making any false or fraudulent orders. In the event if an order of this type may reasonably be considered to have been placed, Aatmay Stories shall be authorized to cancel it and inform the competent authorities.
  • To provide Aatmay Stories with the User’s email address, postal address and / or other contact details truthfully and exactly. The User also agrees that Aatmay Stories may use this information to contact the User in the context of the User’s order if necessary (Refer the Privacy Policy)
  • User consents to receive communications from us regarding latest offers, exclusive promos, product launches etc. and any other relevant information/ communications. However, the User may have an option to opt out to receive the said communication by writing to us at the email address mentioned herein. Kindly refer the privacy policy in this regard.

PAYMENT TERMS

Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options. User shall be entitled to use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.

All payments for purchases made by the User on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Aatmay Stories, the User will be sent a notification by email or SMS at the email address or mobile number provided to Aatmay Stories confirming receipt of payment.

Credit and Debit Card – Aatmay Stories accepts all Visa, Master Card, Maestro, American Express and Diners cards. User will be redirected to User issuing bank’s site, where User will have to follow the instruction to complete the payment.

Net Banking – User can make payment for an order by using their Net Banking account. User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.

Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment related issue, he / she shall try placing the order again or contact their bank or issuer for technical assistance. Aatmay Stories is not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.

Issuing bank terms and conditions – Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.

Invoice will be provided to the User along with the products when delivered.

Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.

DELIVERY

In case you have received an order delivery confirmation but that order is not delivered, please raise that complaint within 48hrs.

Shipping Address – User’s shipping address and pin code will be verified with the database of Aatmay Stories before User proceeds to pay for its purchase. In the event the order is not serviceable by Aatmay Stories’ logistics service providers or the area is not covered, Aatmay Stories will request the User to provide with an alternate shipping address. The User must ensure the payment and shipping address is within India. The User shall be responsible for accepting and collecting the package from the alternative address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by the User and Aatmay Stories will have no liability in this regard.

In cases, where the option of pick up from stores in respective location is selected, the pick-up should be made maximum within 10 days from Order Confirmation date and the receipt evidencing purchase/ order of the product(s) along with an official identity proof shall be produced at the time of pick up post which the order would stand automatically cancelled.

Aatmay Stories will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason Aatmay Stories is unable to comply with the delivery date, Aatmay Stories will inform the User of that situation and will give the User the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

Company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of three [3] attempts to deliver the User’s order. In case, the User is not reachable, available or does not accept delivery of products in these attempts, Aatmay Stories reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to Aatmay Stories. The User agrees not to hold Aatmay Stories liable for any cancellation.

Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address provided by the User.

Delayed Delivery – Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of Aatmay Stories or logistics service provider etc.

If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.

Aatmay Stories will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. The User may be informed by email or SMS at the email address or mobile number provided to Aatmay Stories if any product in the order is unavailable or is delayed or lost in transit.

RETURN POLICY

1. We grant you a period of 30 days from the Order Confirmation date to return the products (except those products mentioned below, for which the right to return / exchange is excluded). In case you return the goods within the said period, you will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed.

2. The said period of return will expire after 30 days from the day on which you received the Order Confirmation.

3. Conditions for Return:
3.1 In the event the User receives any damaged or defective product or if the product is significantly different from what was purchased, the User shall notify us within the aforementioned period of 30 days.
3.2 Products should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original packaging defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to you.
3.3 The return packages should be adequately packaged so that there is no damage of products during transit.

We reserve the right not to accept return of products which (i) we believe are being returned after use, or (ii) are damaged (except where the return is on account of damaged goods having been delivered to you).

Non-returnable Products
All products cannot be returned. The list of products that
cannot be returned are:

  • Innerwear, lingerie, socks
  • Perfumes, personal and beauty care or other beauty consumables
  • Products that have been used or tampered
  • Products damaged due to misuse of product or products having incidental damages due to malfunctioning
  • Product sold in sets or combination cannot be returned individually
  • Accessories, sunglasses, belts, pouch etc.
  • Sale merchandise

6. Your right to return / exchange the products shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Please return the products including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt/ invoice that was received when the product was delivered.

7. Return of Defective Products
Returns of damaged, defective or other products eligible for return are accepted as under:

  • In the event you receive a damaged or defective product or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy. You are required to get in touch with the Customer Care Team through any of the below mentioned channels as per the Returns Policy.
  • Upon receiving your return request, we shall verify the authenticity and the nature of the request and if the request is genuine, we will arrange for pick-up of the product through an assigned logistics service provider and your refund to be processed upon the receipt and quality check of the returned product. It may take a minimum of [ 4-6] business days to process your request for return of products. You will receive an email or SMS notification at your email address or mobile number provided to us.
  • Upon receipt of the returned product by us and successful completion of the quality check, you will receive an email or SMS confirmation at the email address or mobile number provided to us. If a defect or damage is confirmed on the returned products, we will give you a complete refund. The refund will always be paid using the same payment means you used to pay for your purchase.

8. Cancellation of Return Request
A request for return once made can be cancelled by contacting Customer Service. In case the Logistics Service provider arrives to receive the shipment and you want to cancel the request, you may choose to inform the logistics service provider that you do not wish to return the product. You will receive an email or SMS notification at the email address or mobile number provided to us cancelling your return request.

9. Refusal of Return Request
We reserve the right to refuse or cancel any return request.  If the request for returns is not allowed by the Returns Policy, you will not be refunded the payment made or any costs and will not be able to raise a second request for return for the same product. Our decision regarding the refusal or cancellation shall be final and binding on the parties and you further agree not to hold us liable for any refusal or cancellation.

10. Frivolous Complaints
In the event of frivolous or baseless complaints or requests regarding the quality or content of the products, we reserve the right to take necessary legal actions against you and you will be solely liable for all costs incurred by us in this regard.

11. Return Shipping Process
Self-send Process
In case of return of products initiated and subsequent courier of the product by you, if it is found that the returned product was not delivered to us or any other designated location specified or the package was empty, the onus shall be on you to prove through submission of proof of delivery from the concerned courier service provider to establish your claim of return. We are not liable to process the return request until satisfactory proof of delivery is provided to us. In case of damage claims, we may ask for pictures of the damaged product before it is approved or allowed for return.

For return shipping managed by us, you will need to hand over the product to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the product and you are unavailable or not ready to handover the product, we or logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by us and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the product to be returned.

12. Discrepancy Between Information Provided by you and Our Logistics Service Provider

In case of any discrepancy in the status of pick-up of a product arranged by us, (where you claim the product has been returned, while our system suggests otherwise) refund will be initiated only if you successfully furnish the courier slip given by our assigned logistics service provider at the time of the pick-up.

For any queries / comments / feedback in relation to return / exchange of our products, you may write to us at our email id : contac@myairth.com

7. ORDER CANCELLATION POLICY

Cancellation of an order can be done by us or by you as mentioned herein.

We have the discretion to cancel an order. The reasons for cancellation shall inter alia include without limitation the following:

  • Your failure to comply with these Conditions or breach of any of the policies / terms referred herein
  • Technical errors or issue
  • Any reason relating to credit / fraud avoidance
  • Invalid address or wrong address is provided by the User in order details
  • Malpractices used to place the order
  • Bulk order is placed for the likely commercial resale
  • Multiple orders are placed for same product at the same address
  • Order is undelivered after three (3) attempt
  • EMI offer, if any, is rejected by the bank
  • Pricing or specifications on any product as is shown on the Website due to any technical glitch, resulting into incorrect pricing or specifications.
  • A customer can cancel up to three orders in a given month. In case a customer wants to cancel the fourth order within the same month, he/she can reach out to the call center for redressal.

Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, you will receive a notification through email or SMS at the email address or mobile number provided to us.

We reserve the right to remove any product from www.myairth.com at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the Website or not processing an order once we have sent you the Order Confirmation.

Availability Of Products – All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse the amount that you may have paid.

Cancellation by the you – Prior to the product being shipped for delivery, you may cancel an order for any reason. No cancellation is permitted subsequently. If an order has been successfully cancelled, you will be sent a confirmation email or SMS at the email address or mobile number provided to us. We reserve the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold us liable for any rejection of order cancellations. You will receive a refund for your cancelled orders that have been accepted in accordance with the Refund Policy.

REFUND POLICY

LIABILITY – 
Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received or acquired on our website shall be limited strictly to the price of the said product.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. In this sense, if the Users are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the contract, being liable to the User for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
Aatmay Stories shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer or user of the products purchased or acquired through this Website, except the refund of the amount of purchase price of the goods/ products purchased or acquired through this Website.

INTELLECTUAL PROPERTY – 
The User recognizes and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to Aatmay Stories at all times or to those who grant Aatmay Stories the license for their use. The User may use said material only to the extent that Aatmay Stories or the usage licencers authorize expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS –
The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User. 

LINKS FROM OUR WEBSITE –
 If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

FORCE MAJEURE –
Notwithstanding anything contained in these Conditions or elsewhere, Aatmay Stories shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond Aatmay Stories’  control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption encryption or any event which affects the ability of Aatmay Stories to fulfil its obligations under these Terms and Conditions.
It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, Aatmay Stories Limited shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, Aatmay Stories would make all reasonable efforts and endeavor to fulfill its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure. 

INDEMNITY –
The User  agrees to indemnify and hold harmless, Aatmay Stories including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Aatmay Stories’ service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions. 

TERMINATION –
Aatmay Stories reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Aatmay Stories’ service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. Aatmay Stories will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, Aatmay Stories reserves its right to terminate the services if such provision of services to the users is not economically viable for Aatmay Stories. Users may choose to discontinue availing services and facilities provided through the Website by closing the User Account with the Website.
On termination of the User Account, the User is not eligible to purchase products through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by Aatmay Stories.
Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Aatmay Stories’ service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, Aatmay Stories shall have the rightto take appropriate actions against the User. The User shall also be liable to compensate Aatmay Stories for any unauthorized use of the Website. 

MISCELLANEOUS

LOCATION BASED SERVICES – Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location based Services.

ENTIRE CONTRACT – These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

SEVERABILITY – Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby. 

PARTIAL INVALIDITY – If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

ASSIGNMENT – The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.
Aatmay Stories in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.
Aatmay Stories including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.

For any grievances/ comments / feedback / suggestions / queries, the User may write to us. The coordinates are mentioned below: 
Name – Gopinath
Email Address- contact@myairth.com
Contact No. – 8971626327