Terms & Conditions
ASW Retail Corporation (“ASW”) offer of products for purchase on this Website, or your purchase of products available on this Website.
ASW through its website, provides services to you subject to the notices, terms, and conditions set forth in this agreement. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. 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.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Products and Services
Terms of Offer. This Website offers for sale of kid’s clothing and accessories (kurta-pyjama, dhoti-kurta, salwar-suit, night wear, inner wear, diapering and other products that may be sold on this website). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. The website reserves the right to make changes to the prices of the products at any time without prior notification and/or remove any products from the website. While ASW has made every effort to display the products and the product colours as accurately as possible on the Site, we cannot guarantee that your monitor or screen’s display of colour will be completely accurate.
The website will enable you to select your password when you register yourself on the website with a username of your choice to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY YOU WHETHER OR NOT SUCH ACCESS TO AND USE
OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification selected by you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or
threatened breach of this Site's security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, SMS or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
ASW strives to provide users with the best prices possible on products and/or services. Prices and availability are subject to change without any prior notice. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions
using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card
account. The payment may be processed prior to our 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.
User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
1. belongs to another person and to which he/she does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights
5. violates any law for the time being in force;
6. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
10. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
If a User partakes in any of the above, ASW is entitled at any time and without obligation to give reasons, to deny the User the right to access the Site.
Credit card details
User understands and confirms that the credit card details provided for buying products on the Site will be correct and accurate and he/she shall not use the credit card which is not lawfully owned by them or in their name. User further agrees and undertakes to provide the correct and valid credit card details.
ASW has taken reasonable care to make the website secure. All credit/ debit card transactions on the site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Credit card information will not be utilized, stored and/or 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 otherwise' shall be exclusively on you.
Cancellation of order by the company
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require 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 reversed back in your Card Account.
Cancellation of order by the user
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. If an order has been processed and/or put into production, it cannot be cancelled. ASW has the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
E-Gift Cards, once ordered, cannot be cancelled or returned or exchanged in any manner.
License and ownership
ASW grants you a limited, personal, nontransferable, non-sub licensable, revocable license:
1. Access and use only the site, content and services only in the manner presented by www.superminis.in
2. Access and use the www.superminis.in computer and network services offered within the site only in the manner expressly permitted by www.superminis.in.
The Site may contain hyperlinks to the web pages of third parties. ASW shall have no liability for the contents of such web pages and does not make representations about or endorse their content as its own. The use of such web pages shall be at the sole risk of the user.
Duration of sale
All sales are on a ‘first come first serve’ basis. ASW is not obliged to give any information regarding the presence of any Product in our stock and we will alert you only when an item is sold out.
Use of Website
ASW Retail Corporation is not responsible for any damages resulting from use of this 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 on the Website, you may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests;
4. Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication;
5. Not defame, harass, abuse, or disrupt other users of the Website;
6. Not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; is libelous, threatening, defamatory, obscene, indecent, pornographic or includes any bugs, viruses, worms or other harmful code or properties.
The ultimate authority to ship goods to customer rests in the hand of the company’s management team. The management may at any point if it deems fit, red flag or blacklist a customer and deny shipping goods to them. The circumstances under which a customer may be red-flagged/ blacklisted is based at the company’s discretion.
Unless you notify ASW, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and calls /SMS.
Opt Out Procedure
We provide 3 easy ways to opt out of from future solicitations:
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may choose to opt out, via sending your email to: firstname.lastname@example.org.
3. You may send a written remove request to our corporate office address, as mentioned in our contact details.
Limitation of Liability
ASW’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.
ASW WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS 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.
Warranties and Claims
Please note the standard warranties and the conditions for usage of the products in relation to each product. No claim (a) that is contrary to the above or (b) where products have been used contrary to the conditions of usage; will be entertained.
You hereby agree to indemnify and hold harmless ASW, its officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with ASW, (iv) action or inaction on behalf of ASW’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. ASW shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide ASW with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
ASW Retail Corporation 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 ASW 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, ASW 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 ASW chooses, in its sole discretion and without advance to you, to terminate it.
That You acknowledge that:
8.1 The present document is clear and easily accessible and provides statements of ASW policies and practices with respective to the Information;
8.2 The content displayed on the Website (“Content”), trademarks, logos and service marks displayed on the Website ("Marks") are the property of ASW or their vendors or respective third parties. You are not permitted to use the Contents and/or the Marks without the prior consent of ASW, the vendor or the third party that may own the Content and/or the Marks.
8.3 The present document provides for the various types of personal or sensitive personal data of information to be collected;
8.4 The present document provides for the purposes of collection and usage of the Information;
8.5 The present document provides for disclosure of Information; and
8.6 The present document provides for reasonable security practices and procedures.
Governing Law & Jurisdiction
This Website originates from Delhi, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor ASW will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Statute of Limitation. 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.
Force Majeure: ASW Retail Corporation will not be deemed in default hereunder or held responsible for any cessation, interruption or 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, boycott or situation like pandemic / covid 19.
Effect of Waiver: The failure of ASW 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.
Cessation of Operation: ASW may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Severability: In the event that any term, condition or provision of this Agreement is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement.