FIRST POSTED ON: 01-08-2023/LATEST REVISION ON: 01-08-2023

PLEASE READ THESE TERMS OF AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
These Terms and Conditions of this Agreement (the “Agreement”) governs use of this website by you, Aerialdry.com (the “Website”), The Vibha Bestpicks (“the firm”) offer of products for purchase on this Website, or your purchase of products available on this Website. The Agreement includes, and incorporates hereby, the policies and guidelines referenced below.

The firm reserves the right to change or revise these terms and conditions at any time which shall be in effect when posted on the Website duly alerting you on the website by indicating the date of such revision on the top of the Agreement. Your use of the Website, following the posting of any such revision, will constitute your acceptance of the same. The firm encourages you to review this Agreement whenever you visit the Website. This Agreement do not override any other written agreement you may have with the firm for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
A. PRODUCTS
a) Terms of Offer. The Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms of the Agreement.

b) Customer Solicitation: You are herewith agreeing to receive emails and call solicitations from the firm and its designated in-house call team(s) to complete or fulfil your order.

c) Proprietary Rights. The firm has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product or spare/s manufactured and/or distributed by Vibha Bestpicks. The firm also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

B. SERVICES
a) Vibha Bestpicks offers services in addition to sale of certain products (the “Services”). By placing and/or getting a service, through this Website, you agree to the terms of the Agreement.
b) The firm undertakes installation, shifting or replacement of parts in Bengaluru city only. For places outside Bengaluru city, you shall make your own arrangements for the said jobs. However, the firm provides a manual along with the product packing and a video is made available on the firm’s website. And, the firm provides parts as requested by you at your cost and you will arrange to get them replaced at your cost.

C. GOODS AND SERVICE TAXES
a) GST: If you purchase any Products, you will be responsible for paying any applicable tax.

D. PAYMENT TERMS
Payments may be made by Cash through our installer or any Electronic or Digital mode only in case of Bengaluru and Mysuru either in advance or immediately upon installation and in case of all other places by any Electronic or Digital mode. The base for payment shall initially be our ‘Delivery Challan-cum-Proforma Invoice’ (DCPI) subject to final payment based on our ‘Invoice’ in case of any discrepancies. The payer has to mention DCPI No. in their payment note/remarks/message in the bank’s or UPI service provider’s payment screen so as to enable the firm to cross check. The bank account details, and UPI details are provided on the ‘Your Order’ page.

E. PRODUCT CARE
The product is easy to operate and maintain. You must not load the cloth lines over the recommended weight. The ropes are expected to serve for a longer span of time with proper usage. Where hooks are fitted diagonally on the side wall/s, you must ensure that the rope is brought in line with the wheel and the related pipe while using it. The cloth lines must be lowered or raised slowly- avoid jerking. While putting on and removing the cloths, the pipe line must be brought fully down..

F. SHIPPING AND DELIVERY
While there is no shipping charges in the cases of Bengaluru and Mysuru, it will be collected extra to all other places. The delivery of the product shall either be in person or through our authorised logistic provider. The amount of shipping charges depends on the distance.

G. RETURN POLICY
You are allowed to cancel the order any time till one day prior to installation date in the case of Bengaluru and Mysuru and, one day before the dispatch date in case of all other places. If the product is damaged during transit, any damaged part/s will be replaced at the cost of the firm in which event the damaged part/s shall be returned to the firm by you.

H. WEBSITE
a) Content; Intellectual Property; Third Party Links. Besides the Product offering, the Website also offers information and marketing materials, both directly and through indirect links to third-party websites. Such information may often be gathered from other sources. The content created by the firm on this Website is protected by intellectual property laws of India. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Any links to third-party websites are provided solely as a convenience to you and, using the same is at your own risk. The firm does not endorse the contents on such websites. The firm is not responsible for any damage that may result from your access to or reliance on these third-party websites.

b) Use of Website; The firm is not responsible for any damages resulting from use of the website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material/products on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

c) License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without a written authorization from the firm or the any third party, when an issue arises.

d) Posting. By posting, storing, or transmitting any content on the Website, you hereby grant the firm a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. The firm does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The firm is not liable for any damage or harm resulting from your above actions. The firm reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the firm deems objectionable,

I. DISCLAIMER OF WARRANTIES
a) Your use of this website and/or products, available on an “as is” and “as available” basis, are at your sole risk. The firm expressly disclaims all express and/or implied warranties of any kind, except the written warranty, if any, with respect to the products or website content, or any reliance upon or use of the website content, products, or trial products.

b) Without limiting the generality of the foregoing, the firm makes no warranty from this website that the information whether oral or written, provided, or obtained by you on this website and those of third-party is accurate, reliable, complete, or timely.
J. WRITTEN WARRANTY
a) The firm provides a warranty for each of the products separately with specific terms thereof for a specified period against any manufacturing defects. You preserve such a warranty till its validity period. You are bound to produce it at the time of replacement or repair of any part in damage failing which, the warranty becomes void. Normal wear and tear are not covered under warranty.
K. LIMITATION OF LIABILITY
a) Vibha Bestpicks’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website or otherwise.

b) The firm will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/service in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
L. INDEMNIFICATION
a) You will release, indemnify, defend and hold harmless Vibha Bestpicks, and any of its representative/s, partners, and assigns from all liabilities, claims, damages, costs and expenses, legal expenses, of third parties relating to or arising out of (1) your violation of any provision of this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary right of any person or entity; or (5) any information or data you supplied to Vibha Bestpicks. When the firm is susceptible with suit or sued by a third party, The firm may seek written assurances from you concerning your promise to indemnify the firm; your failure to provide such assurances may be considered by the firm to be a material breach of this Agreement. The firm will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, the firm cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the firm against any claim under the firm’s prior written consent regarding any settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products/Service.

M. PRIVACY
a) The firm believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to the firm privacy policy, incorporated by reference herein, that is posted on the Website.
N. GENERAL
a) Force Majeure. The firm will neither be in default hereunder nor held responsible for any delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

b) Cessation of Operation. The firm may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

c) Entire Agreement. This Agreement comprises the entire agreement between you and the firm and supersedes any prior agreements pertaining to the subject matter contained herein.

d) Effect of Waiver. The failure of the firm to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

e) Governing Law; Jurisdiction. This Website originates from Bengaluru, Karnataka. This Agreement will be governed by the laws of the State of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor the firm will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or ordering Products or getting services, you consent to the jurisdiction. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

f) Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

g) Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

h) Termination. The firm reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and the firm may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, The firm reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until the firm chooses, in its sole discretion and without advance to you, to terminate it.

i) Domestic Use. The firm makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

j) Assignment. You may not assign your rights and obligations under this Agreement to anyone. The firm may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENTf