Welcome to The Rustic Tones!

This website is operated by The Rustic Tones. Throughout the site, the terms “we”, “us” and “our” refer to The Rustic Tones. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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.

All products/services and information displayed on the Platform shall constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Company reserves the right to accept or reject your offer

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS & ELIGIBILITY

• The Platform and/or the services provided through the Platform (“Services”) are available only to Users who can form legally binding contracts under law. By using the Platform or the Services, you represent and warrant that:
• You are at least eighteen (18) years of age and are not disqualified from contracting by law. If you are under the relevant age of majority, you may access the Platform and the services under the supervision of an adult and in accordance with applicable law;
• You are entering into these Terms out of your own free will and consent;
• Your use of the Platform and Services offered through it do not violate any applicable law and regulation.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  You must not transmit any worms or viruses or any code of a destructive nature.
  A breach or violation of any of the Terms will result in an immediate termination of your Services.
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2. Utilising platform and services

• By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.
• You agree to use the Platform and Services only for lawful purposes and that you shall comply with all applicable laws and regulations while using the Site and while transacting on the Site. Further, you agree not to take any action that might compromise the security of the Platform or the Services, or render the Platform or Services inaccessible to others or otherwise cause damage to the Platform or Services.
• You will provide true, accurate, complete and current information in all instances where such information is requested of you. Company 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), Company reserves the right in its sole discretion to reject the registration and debar you from using the Services of the Platform and/or Platform and other websites / platforms operated by Company or platforms associated with Company (“Authorized Third Party Service Providers”), without prior intimation whatsoever.
• You agree not to add to, subtract from, or otherwise modify the Platform or to attempt to access any Services or to use the Platform or the Services in any manner that might interfere with the rights of third parties. We reserve the right to monitor your use of the Platform to ensure compliance with this clause.
• You agree compensate Us 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).
• Use of this Platform and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
• Use of the Platform by you for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed without notice and may result in termination of account.
• You agree that you shall use your best and prudent judgment before entering into any transaction through this Site and/or through any Authorized Third-Party Service Providers, at your sole risk.

3. GENERAL CONDITIONS
   We reserve the right to refuse service to anyone for any reason at any time.
   You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
   The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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

4. Your Account

• This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. The Rustic Tones or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. Company/Platform 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. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
• You also agree that you shall provide true, accurate, current and complete information about yourself as prompted by the Site during the registration process (such information being the “Registration Data”). You further agree that you shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event that you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, we will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
• If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to The Rustic Tones.
• If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
• We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in The Rustic Tones best interests to do so.

PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

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.

Until the Company receives full payment for an order and the order is shipped, title to the goods remains with the Company. Upon transfer of the goods/products to you, title and risk of loss passes to you. You should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

User Conduct

• While using this Platform or the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information, including any Content ( as defined below) that: belongs to another person and to which you don’t have any right; 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;
• harm minors in any way;
• infringes the intellectual property or intellectual property rights in the Platform, its technology and/ or its Services;
• infringes any intellectual property rights of any third party;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
• use the Platform or its Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, 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;
• engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
• reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit the Platform or its Services for any commercial purpose without express written consent of the Company or as permitted by the Terms;
• store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to the Company’s discretion;
• attacks or attempt to gain unauthorized access to servers and services that belong to the Company (i.e. computer hacking) or engage in any network abuse;
• participate in a behaviour which affect users’ access to the Platform or Service;
• By using the Platform and/ or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of the Platform and/or Services. We reserve the right to take appropriate action, including suspension or termination of your access to the Platform and/or the Services if we have reasonable grounds to believe or are made aware that you are using the Platform or the Services in a manner that is in breach of the Terms or applicable laws. In addition, you agree, unconditionally, to indemnify us from any liability or cost arising from any action or inaction by you with respect to your use of the Platform or Services.
• 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.
• 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.

Transactions & ACCURACY OF BILLING

• The Company and/or the Platform shall have a right to include a minimum order value at any time at is sole discretion, the same shall be notified to you via the Platform itself. The Credit card details provided by you for availing of services on the Site will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. The card details will not be utilized 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.
• 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: lack of authorization for any transaction/s; or exceeding the present limit mutually agreed by you and between your “Bank/s”; or any payment issues arising out of the transaction; or decline of transaction for any other reasons.
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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.

Advertisements

Company reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.

Pricing information

• The Rustic Tones strives to provide accurate product and pricing information; however, errors may occur. The Rustic Tones cannot confirm the price of the product until you make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, The Rustic Tones shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event, any kind of fraudulent activity is detected, The Rustic Tones can recover its dues, if any, from User’s successive orders. In the event that an item is wrongly priced, The Rustic Tones 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 delivered and the services are availed, your offer will not be deemed accepted and The Rustic Tones will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation.
• In the event that The Rustic Tones accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The Company may also sub-contract third parties to process the payment. The payment may be processed prior to The Rustic Tones’s 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 to your credit / debit card account.
• Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of The Rustic Tones.

Cancellations & Refunds

Please refer to our Cancellations, Refund and return policy on the website.

Intellectual Property

• Rights of Company
• You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services, and all the intellectual property rights therein or related thereto are solely and absolutely owned by Company (save and except user provided content). All such rights, title and interests shall continue to vest with Company during and after the term of this Agreement.
• All intellectual property including in relation to the domain name therustictones.com any trademarks, logos, images and other content available on the Platform belongs exclusively to Company and/or its licensors. Through your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by Company to you. Company reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of Company or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform;
• Company grants Users a limited, royalty-free, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable right to use the Platform only for non-commercial purposes.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Rustic Tones, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The company’s monetary liability for the services or the content or material thereof on the site shall be limited to INR 1000.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Rustic Tones and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or 

demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the service to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

26. Contact Us

If you have any questions or concerns regarding the Terms of Use or for any technical support or use of Services or our products, please contact us at hello.rustictones@gmail.com Our authorised representatives may reach out to you to answer your queries and/or address your concerns.

In accordance with Information Technology Act, 2000, the Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions: