Terms and Conditions

www.chinayabanaras.com ("Website") is owned by NAMRATA AGRAWAL and
operated by CHINAYA BANARAS ("Company", "We", "Us", "Our"), a company
incorporated under the laws of India with its registered office at D 58/52-C, 2nd
Floor, Above Reliance Jewels, Opp. Kuber Complex, Rathyatra, Varanasi, Uttar
Pradesh – 221010, India.
Your use of the Website, and any services and tools provided herein, are
governed by the following Terms and Conditions ("Terms of Use"), as applicable
to the Website, including the applicable policies which are incorporated herein
by way of reference. If you transact on the Website, you shall be subject to the
policies that are applicable to such transaction.
By merely using or accessing the Website, you shall be contracting with
Chinaya Banaras, and these Terms of Use, together with all applicable policies,
shall constitute your binding obligations with us. For the purpose of these
Terms of Use, wherever the context so requires, "You" or "User" shall mean any
natural or legal person who accesses or uses the Website, or has agreed to
become a buyer by providing registration data while registering as a Registered
User.
The terms "We", "Us", and "Our" shall mean Chinaya Banaras. When you use any
of the services provided by us through the Website, including but not limited to
product reviews or seller reviews, you will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, which shall be
deemed incorporated into these Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add, or remove
portions of these Terms of Use at any time, without prior written notice. It is
your responsibility to review these Terms of Use periodically. Your continued
use of the Website following the posting of any changes will mean that you
accept and agree to the revisions. As long as you comply with these Terms of
Use, we grant you a personal, non-exclusive, non-transferable, limited privilege
to enter and use the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS
OF USE. PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

1. INTELLECTUAL PROPERTY RIGHTS
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All material on this Website, including but not limited to text, images, graphics,
illustrations, photographs, audio, video, product designs, weave patterns,
product descriptions, brand name, logo, and trademarks (collectively, "Site
Materials") are protected by trademark, copyright, and other intellectual
property laws, which are owned and controlled by Chinaya Banaras, or by other
parties that have licensed their material to us.
You may not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit any of the Site
Materials, except as permitted by these Terms of Use or with our prior written
consent.
Unauthorised use of the Site Materials may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and
statutes. Nothing contained on the Website shall be interpreted as granting
any licence or right to use any Site Materials without our written permission or
the written permission of the applicable third party rights holder.
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2. USER ACCOUNTS
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If you register an account on the Website (an "Account"), you agree that you:
● Must not allow any third party to access the Website using the email
address provided during registration ("Log-in ID") and password.
● Are prohibited from using anyone else's Log-in ID and password to
access the Website.
● Are responsible for any use of the Website by any third party who
accesses it using your Log-in ID and/or password.
● Must immediately notify us at chinayaonline@gmail.com if you suspect
or become aware of any unauthorised use of your account or any other
breach of security.
● Must ensure that you exit from your account at the end of each session,
particularly when accessing the Website from a shared or public device.
We reserve the right to terminate or suspend your account at our sole
discretion, without notice, for conduct that we believe violates these Terms of
Use or is harmful to other users, us, third parties, or for any other reason.
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3. ORDERS, PAYMENTS & CANCELLATIONS
All orders placed on the Website are subject to acceptance by Chinaya Banaras.
We reserve the right to cancel any order, at any time and for any reason,
without prior notice to the customer. In the event that any amount has already
been paid by the customer for such an order, the full amount shall be refunded
to the original payment method within a reasonable time frame. Time frame
will be communicated by our executive depending on internal & external
causes. In case of valid defects, not liking, exchange informed within 24 hours
after customer receives the ordered product, we are liable to either initiate an
exchange or provide a credit note of the amount spent by the customer. The
amount of credit note shall not exceed the amount of ordered value.

By placing an order on our Website, you represent and warrant that:
● All information provided during the order process is accurate, complete,
and current.
● You are legally authorised to use the payment method provided.
● You are purchasing the product(s) for personal use and not for resale,
unless you have entered into a separate wholesale agreement with us.
Prices for products are subject to change without notice. We reserve the right
to modify or discontinue any product or service at any time. We shall not be
liable to you or any third party for any modification, suspension, or
discontinuation of products or services.
All payments are processed through secure, third-party payment gateways.
Chinaya Banaras does not store or have access to your payment card details. By
completing a purchase, you agree to the terms and conditions of the
applicable payment service provider.
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4. SHIPPING & DELIVERY

Shipping and delivery of all orders are governed by our Delivery and Shipping Policy,
available
www.chinayabanaras.com/pages/delivery-and-shipping-policy,
incorporated into these Terms of Use by reference.
Key highlights include:
● Free domestic shipping on prepaid orders above ₹5,000 INR.
● Free international shipping on prepaid orders above ₹1,00,000 INR.
At which is
● Estimated delivery timelines are indicative and may vary due to courier
delays, force majeure events, or other factors beyond our control.
Chinaya Banaras shall not be liable for any delay in delivery caused by
circumstances beyond its reasonable control, including but not limited to acts
of God, strikes, lockdowns, or logistical disruptions.

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5. RETURNS & EXCHANGE POLICY

Our Returns and Exchange Policy is separately published at
www.chinayabanaras.com/pages/return-policy, and is incorporated into these
Terms of Use by reference. We encourage you to read the policy
carefully before making a purchase.
In the event of any conflict between the Returns & Exchange Policy and these
Terms of Use, the Returns & Exchange Policy shall prevail with respect to
matters pertaining to returns and exchanges.

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6. CHAT FUNCTIONALITY

The Chat Functionality has been provided to assist you with Website-related
queries. Any use of this service is subject to the following conditions:
● Chinaya Banaras may suspend the chat service at any time without notice.
● Chinaya Banaras and its representatives are not responsible for any delay
in attending to or replying to queries via chat.
● Communications through chat may be stored by Chinaya Banaras for
quality assurance and future reference. The user of such service will not
have the right to access such stored information.
● While using the chat feature, you must not communicate any
objectionable content, including but not limited to content that is
unlawful, threatening, abusive, defamatory, obscene, or otherwise
objectionable.

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7. PRIVACY & DATA PROTECTION

Your privacy is important to us. Our Privacy Policy governs how we collect, use,
store, and protect your personal data. By using the Website, you consent to the
collection and use of your information as described in our Privacy Policy.
Chinaya Banaras complies with the following applicable laws in relation to data
collection, storage, and processing:
● The Information Technology Act, 2000 ("IT Act") and the Information
Technology (Amendment) Act, 2008.
● The Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011.
● The Digital Personal Data Protection Act, 2023 ("DPDP Act"), as
applicable and to the extent notified.
We do not sell, trade, or rent your personally identifiable information to third
parties. Data shared with payment processors, logistics partners, and analytics
providers is governed by their respective privacy policies, and we take
reasonable steps to ensure such parties handle your data with appropriate care.

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8. CONSUMER RIGHTS & PROTECTION

Chinaya Banaras acknowledges and respects the rights of consumers as
provided under the following applicable Indian laws:
● The Consumer Protection Act, 2019.
● The Consumer Protection (E-Commerce) Rules, 2020.
In accordance with the Consumer Protection (E-Commerce) Rules, 2020, we
provide:
● Accurate product descriptions, images, and pricing information.
● Clear information on our Returns and Exchange Policy.
● Accessible grievance redressal mechanisms as detailed in Section 12 of
these Terms.
● No discrimination against customers based on mode of payment.
If you believe that any product received does not conform to its description, or
if you have any other consumer complaint, you may contact our Grievance
Officer as specified in Section 12.

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9. DISCLAIMER & LIMITATION OF LIABILITY

The Website and its contents are provided on an "as is" and "as available" basis.
Chinaya Banaras makes no representations or warranties of any kind, express or
implied, as to the operation of the Website or the accuracy, completeness, or
reliability of any information, content, or material displayed on the Website.
To the fullest extent permitted by applicable law, Chinaya Banaras shall not be
liable for any direct, indirect, incidental, special, consequential, or punitive
damages arising out of or in connection with your use of the Website or
products purchased therefrom, including but not limited to:
● Loss of data, revenue, profits, or business opportunities.
● Interruption or unavailability of the Website.
● Damage to your device or systems arising from access to or use of the
Website.
● Unauthorised access to your personal data due to third-party breaches
beyond our reasonable control.
Our total liability to you, in any circumstance, shall not exceed the amount paid
by you for the specific product or service that is the subject of the claim.

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10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Chinaya Banaras, its
owners, directors, employees, agents, affiliates, and licensors from and against
any and all claims, liabilities, damages, losses, costs, and expenses (including
reasonable legal fees) arising out of or in any way connected with:
● Your use of the Website or products purchased therefrom.
● Any violation of these Terms of Use.
● Any violation of any applicable laws or the rights of any third party.
● Any content or information you submit, post, or transmit through the
Website.

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11. MODIFICATION OF TERMS

We may change or revise these Terms and Conditions from time to time by
updating this page. The revised Terms of Use will be effective from the date of
posting, unless otherwise stated. We encourage you to visit this page
periodically to stay updated with the current Terms and Conditions. To the
fullest extent permitted under all applicable laws, rules, and regulations, your
continued use of the Website following any such update reaffirms your
agreement to the then-current Terms and Conditions.

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12. GRIEVANCE REDRESSAL

In accordance with the Consumer Protection Act, 2019, and the Consumer
Protection (E-Commerce) Rules, 2020, Chinaya Banaras has designated a
Grievance Officer to address consumer complaints and grievances:
Grievance Officer: Yash Bhartia
Designation: Manager, Chinaya Banaras
Email: chinayaonline@gmail.com
Phone: +91 98382 40603, +91 7705012088, +91 (Monday to Saturday, 11:00 AM – 8:00 PM IST)
Address: D 58/52-C, 2nd Floor, Above Reliance Jewels, Opp. Kuber Complex,
Rathyatra, Varanasi, Uttar Pradesh – 221010, India.
Grievances shall be acknowledged within 48 hours and resolved within 30 days
from the date of receipt, to the extent reasonably practicable.

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13. GOVERNING LAW & JURISDICTION

These Terms of Use and any disputes arising out of or in connection with them,
the Website, or any products or services purchased through the Website, shall
be governed by and construed in accordance with the laws of the Republic of
India, without regard to its conflict of law principles.
Subject to the dispute resolution clause below, any legal action or proceeding
relating to your access to or use of the Website, or to any products or services
purchased through the Website, shall be subject to the exclusive jurisdiction of
the courts located in Varanasi, Uttar Pradesh, India. By using this Website, you
hereby consent and submit to the personal and exclusive jurisdiction of such
courts.

Note: This clause has been updated in accordance with requirements under the
Consumer Protection (E-Commerce) Rules, 2020, and in compliance with payment
gateway integration requirements.

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14. DISPUTE RESOLUTION & ARBITRATION

In the event of any dispute, claim, or controversy arising out of or relating to
these Terms of Use, the Website, or any product or service purchased through
the Website, the parties shall first attempt to resolve the matter amicably
through good-faith negotiations for a period of 30 (thirty) days from the date
on which the dispute is first raised.
If the dispute is not resolved amicably within the said period, either party may
refer the matter to binding arbitration in accordance with the Arbitration and
Conciliation Act, 1996 (as amended from time to time). The arbitration shall be
conducted by a sole arbitrator mutually appointed by the parties. The seat and
venue of arbitration shall be Varanasi, Uttar Pradesh, India. The language of
arbitration shall be English.
The award of the arbitrator shall be final and binding on both parties. Nothing
in this clause shall prevent either party from seeking urgent injunctive relief
from a court of competent jurisdiction where necessary to prevent irreparable
harm.

Nothing in this clause limits your statutory rights as a consumer under the Consumer
Protection Act, 2019, or any other applicable consumer protection legislation.

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15. COMPLIANCE WITH APPLICABLE LAWS

Chinaya Banaras operates in compliance with the following laws and
regulations, as applicable:
● The Indian Contract Act, 1872.
● The Sale of Goods Act, 1930.
● The Consumer Protection Act, 2019.
● The Consumer Protection (E-Commerce) Rules, 2020.
● The Information Technology Act, 2000 and the Information Technology
(Amendment) Act, 2008.
● The IT (Reasonable Security Practices and Procedures and Sensitive
Personal Data or Information) Rules, 2011.
● The Digital Personal Data Protection Act, 2023 (to the extent notified and
applicable).
● The Arbitration and Conciliation Act, 1996.
● All other applicable central and state laws of India.

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16. GENERAL PROVISIONS

Severability: If any provision of these Terms of Use is found to be invalid,
unlawful, or unenforceable by a court of competent jurisdiction, such provision
shall be modified to the minimum extent necessary to make it enforceable, or
severed from these Terms of Use, and the remaining provisions shall continue
in full force and effect.
Waiver: The failure of Chinaya Banaras to enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy,
Delivery & Shipping Policy, and Returns & Exchange Policy, constitute the entire
agreement between you and Chinaya Banaras regarding your use of the
Website and supersede all prior or contemporaneous agreements,
representations, and understandings.
Assignment: You may not assign or transfer your rights or obligations under
these Terms of Use without our prior written consent. We may assign our rights
and obligations under these Terms of Use without restriction.
Headings: The section headings in these Terms of Use are for convenience only
and have no legal or contractual effect.
Language: These Terms of Use are drafted in the English language. In the
event of any conflict between an English version and any translated version, the
English version shall prevail.

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17. CONTACT US

If you have any questions, concerns, or feedback regarding these Terms and
Conditions, please reach us through the following:
Email: chinayaonline@gmail.com
Phone: +91 7705012088 (Monday to Saturday, 11:00 AM – 8:00 PM IST)
Address: D 58/52-C, 2nd Floor, Above Reliance Jewels, Opp. Kuber Complex,
Rathyatra, Varanasi, Uttar Pradesh – 221010, India.

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