Terms of service

Overview

Welcome to www.torii.co.in.in, referred to as Torii in the document. Torii provides website features and other products and services to you when you visit or shop at www.torii.co.in, use Torii products or services.  Torii provides the Services subject to the following conditions. Throughout the site, the terms “we”, “us” and “our” refer to Torii.

This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Torii(“Company” or “us” or “We” or “www.torii.co.in”). This electronic record is generated by a computer system and does not require any physical or digital signatures.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services

Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

1. INTRODUCTION

The domain name www.torii.co.in is registered in the name of Bishwanath Distributors Pvt Ltd. (through its Director) which is a registered company under the Companies Act 2013. We the business of selling lifestyle retail products such as apparel, accessories, bedding and other related goods.

1. RIGHT TO CHANGE

Torii reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our website. 

1. PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that You and your personal information is one of our most important assets. We process your personal data as per our privacy policy. Click on the link to learn more about our Privacy policies: Link

1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Torii owns all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. you acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Torii without obtaining authorization from it.

User shall not upload post or otherwise make available on the 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. Torii does not have any express burden or responsibility to provide the users with indications, markings or anything else that may aid the user in determining whether the material in question is copyrighted or trademarked. 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 the Site, User warrants that the owner of such material has expressly granted Torii 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. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants Torii, the right to edit, copy, publish and distribute any material made available on the site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of Torii, 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.

1. TRADEMARKS

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Torii protected by copyright as a collective work under the applicable copyright laws. Torii owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users 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. Users may download / print / save copyrighted material for the 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 the express permission of Torii 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. The 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 website otherwise owned or operated in conjunction with Torii shall not be deemed to be in the public domain but rather the exclusive property of Torii, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Torii, unless otherwise stated.

1. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

Torii respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to shop@torii.co.in provided herein below.

1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1. PERSONAL INFORMATION

 Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

1. BILLING

The price of our merchandise as mentioned on www.toriii.co.in is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Torii reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery charges which may include postal charges / shipment charges etc. That may be applicable for your country.

1. ORDER CANCELLATION BY TORII

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Torii reserves the exclusive right 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, problems identified by our credit and fraud avoidance department 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/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Torii.

1. SHIPPING & PROCESSING FEE

Our shipping and processing charges are intended to compensate Torii for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy:

• 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 including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases /services on www.torii.co.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third-party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Torii. 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 so as to ensure a safe and a full proof online shopping environment to our users.

Torii may employ Paytm, PayPal, Razorpay and such other third-party facilities, for Payments on the website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Torii which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

• DELIVERY

Torii endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Torii fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Torii may at its discretion charge you for additional shipping cost.

• REFUNDS & RETURNS

Torii shall make all endeavors to deliver defect free products to the purchasers. Torii does not take title to any returned items purchased by the user unless the item is received by Torii.

In case a customer feels at the time of delivery that the product packet being handed over to him may not be correct with respect to the quantity or quality of the ordered product, or feels that the packet may have been tempered with , the customer in such scenario is expected not to receive the said packet and bring the issue to the notice of "Torii" through its customer care contact number/email id. No claims shall be entertained by "Torii" in case of customer having accepted a tempered packet or visibly different packet to what is expected in terms of size and volume. For the purpose of investigation of any such issue the customer shall have to provide the video of sealed packet being opened and its content being clearly shown as part of the single video.

Torii holds the sole discretion to determine whether a refund can be issued. For further information please read our Return/Exchange & Refund Policy:

1. PRODUCT DESCRIPTIONS

Products displayed on Torii attempts to be as accurate as possible. However, Torii does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Torii is not as described, your sole remedy is to contact Torii within 24 hours of receipt and Torii reserves the right to provide a solution as per its discretion. Torii is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

1. PRODUCT COMPLIANCE

Products displayed/ sold on the Torii website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

1. PRODUCT AND PRICING DISCLAIMER

The prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.

We reserve the right at any time to modify or discontinue our products (or any part or content thereof) without notice at any time.

1. INACCURACY DISCLAIMER

From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Torii reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

1. WARRANTIES & LIABILITY

All information, content, materials, products and other services included on or otherwise made available to you by Torii are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. Torii makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products or other services included on or otherwise made available to you through Torii, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

Torii does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with the use of this Website, and that Torii shall not be liable for any damages of any kind related to your use of this Website.

Though Torii shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, Content, materials, product or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. Torii shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

Torii will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

1. INDEMNITY

You agree to defend and indemnify Torii (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

1. BREACH

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

If you have any questions regarding this, you can send a mail addressed to: shop@torii.co.in

1. SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

1. WAIVER

The failure by Torii to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Torii of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

1. FORCE MAJEURE

Failure on the part of Torii to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against Torii or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Torii that directly or indirectly hinders or prevents Torii from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure. 

1. DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and Torii here to shall be determined and governed according to the laws of India. If any dispute arises between you and Torii regarding your use of the Website or Your dealing with Torii in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to ‘Customer Care’ by way of email to shopTorii@gmail.com

Business Address: Bishwanath Distributors Pvt Ltd
4596/7, Second Floor, Mahavir Niwas 11 No. Daryaganj New Delhi - 110002