The Terms and Conditions set out on this page constitute a legal Contract between the user, (“you”) and Sonarys Co-Brands Pvt. Ltd (“Sonarys”, “us” “our” or ”we”). Using this website or submitting an order will act as an acceptance to our Terms and Conditions and will thus bind you to the same.
Please read these Terms and Conditions (“Terms”, or “Contract”) carefully before using https://sonarys.in/ (the “site”, “service”, “information” or “content”) operated by Sonarys Co-Brands Pvt. Ltd., a company incorporated in Republic of India under Companies Act, 1956 having our registered office at 95 Mittal Chambers, Nariman Point, Mumbai 400021.
Users or persons that are “incompetent to contract” according to the meaning provided in the Indian Contract Act, 1872, are not eligible to use this site. Further, you must be legally competent to agree to the Terms and Conditions of this website. You must be of the legal drinking age in India to use this site and agree to supply age proof upon request. If we believe or verify that you are not, your order may be suspended or terminated until the required documentation is provided by you. You must agree to cooperate during any investigation conducted into your identity and other information provided by you.
You must not impersonate anyone, misuse or misrepresent any information given by you or engage in any fraudulent activity. You will not host, display, modify, publish, transmit or share any information on this site that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
Transfer of Rights and Obligation
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising from it, without our prior express written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising from it, at any time during the term of the Contract, without prejudicing your consumer rights.
The content on this website is intended for general guidance. We cannot guarantee its accuracy or it being up to date as on the date of access. Before acting on the content on this site, you must make your own enquiries and take any appropriate professional advice. You rely on such information at your own risk.
While filing out the order-form on this website, you will be asked personal information such as, your full name, email addresses, contact numbers, address and demographic details (age, gender, profession, education level) and other such information, as may be added from time to time. This information will only be used to build our customer database for sales and logistics won’t be shared with anyone.
Sonarys enables an eligible user to submit an order-form with an intention to purchase such products listed in the form, via our secure payment gateway or Cash on Delivery (“COD”). We will send this order-form to the appropriate retailer, and then the products will be delivered to you by authorised delivery agents. The ownership of the goods remains ours until payment is received in full.
You may contact us for matters relating to cancellation or return of goods. Your order may be cancelled by you any time before the goods are out for delivery. Notice of this will be given to you through phone call, email or any other reasonable way, you are not eligible to cancel after this intimation has been given.
You may return items that are damaged or of poor quality, however we reserve the right to be the final judge of its condition and quality. You will not return items for the sole reason that they do not suit your taste. In case the wrong product has been delivered, we will replace the product with the right one as long as the delivered product is unopened by you or persons affiliated to you. The products listed on this site are sold at MRP, unless otherwise indicated. You will only pay the amount mentioned at the time of submitting your order.
All payments done on this site will be in the form of the Indian Rupees acceptable in the Republic of India through:
- Credit or debit card or net banking;
- Cash on delivery; and
- Any RBI approved payment method at the time of placing your order.
You can cancel your order anytime up to the cut-off time and we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the Terms of using the website, we may cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
You understand, accept and agree that the payment gateway provided by Sornarys is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the site using the existing authorised banking infrastructure and credit card payment gateway networks.
Further, by providing this payment facility, Sonarys is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
We have made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
You will contact us with your concerns before filing any formal legal case and agree to resolve this dispute informally. However, in cases where it cannot be resolved informally, you agree that it shall be settled by arbitration, under the provisions of the Indian Arbitration & Conciliation Act, 1996. You agree that the dispute shall be heard by a sole arbitrator, who we will have the sole right to appoint. The Arbitration shall be held in Mumbai and The High Court of Bombay shall have jurisdiction.
Governing Law and Jurisdiction
The services and information provided on this website apply to people residing in the State of Maharashtra, India. We do not represent that the content or services available on or via our site are appropriate or applicable for your jurisdiction. We may limit the availability of our site or any products described on our site to any person or geographic area at any time. This site is not directed to people whose jurisdiction prohibits this content and service for any reason, and they must not access this site. If you access this site from outside of the State of Maharashtra, India you do so at your own risk and are responsible for the consequences of noncompliance of the law in your jurisdiction.
Information Technology, License and Site Access
You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the site and in any way enforce a limitation on the use of the website and all services and content therein. You will not attempt to gain unauthorised access to, interfere with, damage or disrupt any part of this site or, the server on which this site is stored, or any server, computer of database connected to this site. You will not reverse engineer, disassemble, decompile, rent, lease, or encumber the software, such as attempting to discover and alter the source code. Further, you will not embed or combine the software within any other software product or hardware device. You will not access, monitor and/or copy any content on this site using any robot, scraper, spider, program, algorithm or any automatic or manual device used to copy content without prior written permission from us. You will only use an access point or data account which you are authorized to use.
Sonarys grants you a limited sub-license to access this website. It is created for personal use and you may not download, modify any part without written consent from us. The license does not permit resale, and includes any commercial use of this site, its contents, product descriptions, images, prices or any content present on the website.
We hold the right, title and interest of all content on this website, including but not limited to the company name and logo, text, images, media files, software, code, tech, marks, and overall aesthetic and they are protected by Indian and International copyright, trademark and intellectual property laws, this includes any third-party intellectual properties for which we hold a license to use. None of our content may be reproduced, in whole or in part for any purpose including commercial gain, without express written consent from us.
Right to Change the Terms and Conditions
We reserve the right to change/modify/amend any of the Terms and Conditions from time to time, without notice. This includes changes in how we accept payment from you. Please review these Terms before using the services on this site, as they will be binding upon you from the date of such modification or change. Your use of this website and its services will act as an agreement to any changes made (by us) to this Contract.
We warrant to you that the products purchased through the order-form service provided by our site is of satisfactory quality and is reasonably fit for all the purposes for which these products are commonly supplied. Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the product you purchased through the order-form service provided by our site and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We exclude all liability for any direct or indirect losses you may suffer as a result of our breach of contract, representation, or tortious act or omission whether foreseen or not. To the full extent of the law, we and other third parties connected to us exclude the liability of:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- Loss of anticipated savings;
- Loss of income or revenue;
- Loss of business;
- Loss of data;
- Loss of contracts and profits; and
- Loss of software, hardware or any computer related issues.
This does not exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation; or
- Any matter that would be illegal for us to exclude.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site in a safe manner. You should use your own virus protection software. We shall not be liable for any loss or damage you may suffer as a result of any virus, bug, or computer related malfunction. You agree to not knowingly infect our site with viruses, trojans, worms and other material that is technologically harmful. You must not attempt to gain unauthorised access to our site, the servers on which our site is stored or any server or database connected to our site. You must not attack our site via a denial-of-service or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We may report any such breaches and disclose any relevant information to the law enforcement authorities. In the event of such a breach, your right to use our site may cease immediately.
Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes without limitation:
- Strikes, lock-outs and other industrial disputes;
- Civil commotion, riot, invasion, terrorist attack or threat of a terrorist attack, war (declared or undeclared) or threat or preparation for war;
- A breakdown of public and private transport systems or its access, including shipping and postal services;
- Flood, fire, explosion, storm, flood, earthquake, epidemic or pandemic or any other natural disaster;
- Breakdown in private and public telecommunication networks, power failure or breakdown in machinery;
- Changes in legislature, regulations, decrees, or any restrictions placed by the government; and
- Interruption to operations, production, procuring raw materials, labour and other integral components.
Our performance or obligation under any Contract are deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We may use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Severability, Waiver and Indemnity
If any of the Terms and Conditions set out in this Contract are determined by any competent authority to be invalid, unlawful or unforeseeable to any extent, such Term or Condition will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
If at any time during the term of this Contract, we fail to act or insist upon strict performance of any of your obligations in compliance with the Terms of this Contract, or we fail to exercise our rights or remedies to which we are entitled to, it shall not constitute a waiver of those rights and remedies. Further, this will not relieve you from your duty to comply with the obligations set out in this Contract. Only a written waiver by us will constitute an effective waiver of these Terms and Conditions.
You agree to indemnify us, our officers, directors, employees, agents, third-party suppliers, licensors, affiliates, contractors, partners with respect to any claims, losses, damages, costs, and related expenses arising from breach of this Contract by you or any of your officers, employees or agents.
These Terms and Conditions, as well as any document expressly referred to in this Contract represent the entire Agreement between you and us in relation to the subject matter of the Terms and supersedes any prior Agreement, discussion or communications between you and us made orally or by writing. Both you and our company acknowledge that entering this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms or any other document expressly referred to herein. Neither you nor us shall have any remedy against each other in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Contract as provided in these Terms.
This Agreement can be terminated by you at any time, and you will stop the use of this website and its services immediately. Upon such an occurrence and without notice, we hold no liability from terminating, suspending, or restricting your access to this website. We hold the right to modify or discontinue the site without notice, to perform routine or non-routine maintenance or changes or interrupt operations for any reason to our website, and will not be required to compensate you for any loss. Your obligations, such as payment of a product or any other obligation highlighted in this Contract will not be excused or cancelled. Further, no liability arising from this Contract will be excused.
Sonarys may give you notice through email or post (to the address you provide at the time of submitting an order), posting on the website or any other reasonable means of communication.
You agree to follow the Terms and Conditions mentioned here, and follow any changes introduced by us from time to time.
This document is an electronic record in terms of the Information Technology Act, 2000 and the Rules and Regulations framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000, or applicable under any Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.