Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable 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.

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.

General Information

The domain name www.Om Chirag Creation.com (hereinafter referred to as “Site” or “Website” or “Om Chirag Creation.com”) is registered in the name of Om Chirag Creations a proprietorship under Indian Laws (Hereinafter referred to as Om Chirag Creation).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the Website. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Om Chirag Creation, these terms and conditions constitute your binding obligations, with Om Chirag Creation.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Om Chirag Creation allows User to surf the Website or making purchases without registering on the Website. The term “we“, “us“, “our” shall mean Om Chirag Creation or Om Chirag Creation.com or all.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

All products/services and information displayed on Om Chirag Creation.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Om Chirag Creation.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Om Chirag Creation.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

 

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is over 18 years. Om Chirag Creation.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Om Chirag Creation.com discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Om Chirag Creation.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Om Chirag Creation.com you agree to be bound by the Terms and Conditions.

 

Modifications

Om Chirag Creation.com reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.

 

Account and Registration

It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. Om Chirag Creation.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If Om Chirag Creation.com has reason to believe that there is likely to be a breach of security or misuse of the Om Chirag Creation.com Site, we may require you to change your password or we may suspend your account without any liability to Om Chirag Creation.com.

You also agree to:

1. 1. Provide true, accurate, current and complete information about yourself as prompted by Om Chirag Creation website during the registration process (such information being the “Registration Data”)
      
      
   2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Om Chirag Creation.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Om Chirag Creation.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

 

Pricing, Promotions & Coupon Codes

Pricing Information

While Om Chirag Creation.com shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. Om Chirag Creation.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Om Chirag Creation.com shall have the right, at its sole discretion, to refuse or cancel orders at any stage prior to delivery. In case, any kind of fraudulent activity is detected, Om Chirag Creation.com can recover its dues, if any, from User’s successive orders. In the event that an item is mis-priced, Om Chirag Creation.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Om Chirag Creation.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Om Chirag Creation.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Om Chirag Creation.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

Prices of the products at the Om Chirag Creation store and on Om Chirag Creation.com (site and Apps) may differ

 

Applicability of GST

All discount coupons and/or cash back offers may include an applicable component of GST benefits being passed on to customers.

For the purpose of invoicing on the Website, Discounts shall include Coupons, Cashbacks, Cart offers, Promotional offers or any other offer which results into reduction in the regular MRP.

For any discounted product, the GST charged will be displayed in the Cart.

In case a Customer avails discount through Coupons, GST, if any, on a transaction will be applicable only upon confirmation of the Coupon and the GST amount will be visible directly on the checkout page.

The amount of taxes shown at the cart level is a mere estimate. The actual GST rate may vary depending upon the SGST prescribed by the respective state.

 

Kerala Flood Cess

As per the Notification No. S.R.O. 436/2019 dated 29/06/2019 issued by the Government of Kerala, Kerala Flood Cess (“KFC”) shall be applicable on sale of products to customers in Kerala w.e.f. 1st August, 2019 for a period of two years. KFC is imposed @ 1% on the value of sale of goods or services or both as recommended by the Government of Kerala.

 

Promotion Offers

For any returned or undelivered orders, partial or whole, the user will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.
From time to time, we may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.

Coupon Codes & Cart Offers

To offer special discounts to our users from time to time, we share coupon codes based discounts. To prevent any possible misuses we have put in place a few checks on the ways in which these coupon codes can be used.

To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes:

1. 1. Coupon Codes & Cart Offers based offer will be valid upon application of the coupon code at the time of placing order.
   2. Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the applicable products, whichever happens earlier.
   3. Coupon Codes & Cart Offers may not be valid on items chosen by Om Chirag Creation.
   4. A Coupon Codes & Cart Offers can be used only once per user per household unless otherwise mentioned.
   5. A Coupon Codes & Cart Offers cannot be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
   6. A coupon will provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
   7. Coupon codes shared individually with a user will be applicable on purchase made by that particular user only.
   8. The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
   9. Shipping / Cash on delivery rules and charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.

Transactions & Cancellations

Minimum Order Value

To place an order on Om Chirag Creation.com the minimum order value has to be more than Rs. 249 (Excluding COD charges, Shipping charges, Taxes or value reduced after application of coupons or any other offer)

Credit Card Details

You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.

Fraudulent /Declined Transactions

In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Cancellations by the Customer

In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.

Cancellation by Om Chirag Creation.com

Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. 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 has been charged, the said amount will be credited back to you as per the refund policy. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. 1. lack of authorization for any transaction/s,
   2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
   3. or any payment issues arising out of the transaction,
   4. or decline of transaction for any other reason/s.

All payments made against the purchases/services on Om Chirag Creation.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Om Chirag Creation.com does not accept any other form of currency with respect to the purchases.
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 in the interest of providing a safe online shopping environment to our users.

Product Reviews

Om Chirag Creation reserves the right to not include the product review that include any one or more of the following –

1. 1. Inappropriate content – like promotional information or phone numbers.
   2. Information not related to product – Shipment/Delivery Experience, availability, ordering etc.
   3. Inaccuracies in product information & product catalogue.
   4. References – to other retailers, pricing, personal information etc.
   5. Copying and pasting text from other reviews, guides, or sources.
   6. Comments on other reviews posted on the product page.
   7. Foreign language content.
   8. Off-topic information or obscene content.
   9. Irrelevant user IDs or email ids used for posting reviews.

User Conduct

You Agree and Confirm

1. 1. That you will use the services provided by Om Chirag Creation.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
   2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. Om Chirag Creation.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Om Chirag Creation.com has the right in its sole discretion to reject the registration and debar you from using the Services of Om Chirag Creation.com and / or other affiliated websites without prior intimation whatsoever.
   3. To compensate Om Chirag Creation.com for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
   4. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.
   5. After placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

1. 1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
   2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
   3. Gaining unauthorised access to other computer systems.
   4. Interfering with any other person’s use or enjoyment of the Site.
   5. Breaching any applicable laws.
   6. Interfering or disrupting networks or web sites connected to the Site.
   7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.

We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor’s display of any colour or other details will be accurate.

Electronic Communications

When you visit the Om Chirag Creation Site or Om Chirag Creation Store or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification of Terms & Conditions of Service

Om Chirag Creation.com reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of Om Chirag Creation.com’s Services after any amendments are posted on our Website.

Restricted Access

Om Chirag Creation.com reserves the right to restrict access to other areas and/or content of this entire website, at the Website’s discretion. If Om Chirag Creation.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Om Chirag Creation.com may disable your user ID and password in Om Chirag Creation.com’s sole discretion without notice or explanation.

Prohibitions

In furtherance to the terms mentioned in User Conduct above, Users should not:

Submit, post, or otherwise make available to or through the Web Site any information that:

• • is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
  • infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right;
  • contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
  • includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; or
  • you do not have the right to submit, post, disseminate, or transmit.

No Obligation to Pre-screen User Content

Om Chirag Creation does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. However, Om Chirag Creation will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.

The views, opinions and positions (including content in any form) expressed within this post are those of the author alone. The accuracy, completeness and validity of any statements made within this article are not guaranteed. We accept no liability for any errors, omissions or representations. The responsibility for intellectual property rights of this content rests with the author and any liability with regards to infringement of intellectual property rights remains with him/her.

Purposes of Data Collection

We collect information about you because we want to determine what you may like or find interesting, so we can provide you with targeted information and advertising (on our Site, in newsletters, via email and otherwise). In addition, we use data to create statistics and reports where personally identifiable information has been removed and aggregated (such that it is anonymous as regards any specific user) for various business purposes.

On submission of your contact details with the Site, you authorize Om Chirag Creation to contact you through email or phone. This will override registry on the NDNC.

The views, opinions and positions (including content in any form) expressed within this post are those of the author alone. The accuracy, completeness and validity of any statements made within this article are not guaranteed. We accept no liability for any errors, omissions or representations. The responsibility for intellectual property rights of this content rests with the author and any liability with regards to infringement of intellectual property rights remains with him/her.

Other Terms

Reviews, Feedback, Submissions

All discussions , ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities  means Material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. End User acknowledges that any Material posted on the Website is public and not private communication. Om Chirag Creation.com does not control or endorse the content, messages or information found in any Material, and, therefore, Om Chirag Creation.com specifically disclaims any liability concerning the Material and any actions resulting from End Users participation in any Material, including any objectionable content. Generally, any communication which End User posts to Om Chirag Creation.com (whether in chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential and you grant to Om Chirag Creation.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Om Chirag Creation.com the right to sub-license these rights, and the right to bring an action for infringement of these rights. If particular web pages permit the submission of communications that will be treated by Om Chirag Creation.com as confidential, that fact will be stated on those pages. Notwithstanding Om Chirag Creation.com’s rights under these terms and conditions in relation to user content, Om Chirag Creation.com does not undertake to monitor and is not responsible of the submission of such content to, or the publication of such content on, this website.

 

Copyright & Trademark

Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF Om Chirag Creation.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of website protected by copyright. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User 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. End User may download / print / save copyrighted material for End 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 our express permission of Om Chirag Creation.com 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. End 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 Web site otherwise owned or operated in conjunction with Om Chirag Creation.com shall not be deemed to be in the public domain but rather the exclusive property of owners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Om Chirag Creation.com, unless otherwise stated.

End User shall not upload, post or otherwise make available on this 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. We do not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End 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 this Site, End User warrants that the owner of such material has expressly granted us 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. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Site by End User. We hereby reserve the right to terminate its agreement with any End User who repeatedly infringes on copyright rights upon notification to us by the copyright owner.

The foregoing provisions of this clause apply equally to and are for the benefit of Om Chirag Creation.com, 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.

Indemnity

You agree to defend, indemnify and hold harmless Om Chirag Creation, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Om Chirag Creation.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Om Chirag Creation.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).