Terms And Conditions

Terms & Conditions

Welcome to theancestrystore.in (“Website”). Ancestry and/or its affiliates provide website features and other products and services to you when you visit or shop at theancestrystore.in, use Ancestry products or services, or use software provided by Ancestry in connection with any of the foregoing. Ancestry provides the Services subject to the following conditions. 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 Ancestry (“Company” or “us” or “we” or “Theancestrystore.in”) a brand registered in the name of Cover Story Clothing Limited, a company registered under the Companies Act 1956 and having registered office at A-69, Okhla Phase-2, Delhi-110020. This document is an electronic record in terms of Information Technology Act, 2000 and rules are 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 .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.

INTRODUCTION

The domain name theancestrystore.in is registered in the name of Cover Story Clothing Limited, a Company registered under Companies Act 1956,having registered office at A-69, Okhla Phase-2, Delhi- 110020

RIGHT TO CHANGE

Ancestry 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 Web Site.

PRIVACY

Protection of your privacy is a very important principle for us. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

ELECTRONIC COMMUNICATIONS

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000, rules applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

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, Ancestry 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 Ancestry 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. Ancestry 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 Ancestry 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 ANCESTRY, 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 ANCESTRY, 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.

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 Ancestry protected by copyright as a collective work under the applicable copyright laws. Ancestry 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 Ancestry 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 Ancestry shall not be deemed to be in the public domain but rather the exclusive property of ANCESTRY, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ANCESTRY, unless otherwise stated.

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

Ancestry 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 the ‘Customer Care’ by way of an email as provided herein below.

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Ancestry reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Ancestry has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of Ancestry and Ancestry owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:

Belongs to another person and to which you do not have a right; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, 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; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and face all legal consequences of the same. Ancestry shall in no manner be held responsible for the same.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to website on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain Ancestry property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Ancestry of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Ancestry owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Ancestry will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

ANCESTRY is and shall be under no obligation to:

Maintain any Comments in confidence;
Pay you any compensation for any Comments; or
Respond to any Comments.

You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

ANCESTRY does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant Ancestry the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Ancestry and its affiliates for all claims resulting from any Comments you submit. Ancestry and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Usage Restrictions

You shall not use the Website for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws;
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
In event of fraud, the IP address details and other required information will be forwarded to the required legal authorities.

BILLING

The price of our merchandise as mentioned on Theancestrystore.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 or such other charges may be charged depending upon the destination where the order has to be shipped. 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. Ancestry 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 also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.

CATALOGUE PRICING

By changing the country, you will be charged according to the price list associated with that country and NOT by any conversion rate. Due to import/trade restrictions, certain products might not be available for delivery in your chosen country.

ORDER CANCELLATION BY ANCESTRY

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or dispatched. Ancestry 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 to your Account 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 ANCESTRY.

SHIPPING & PROCESSING FEE

Our shipping and processing charges are intended to compensate Ancestry 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 regarding 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 preset limit mutually agreed by you and 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 by you against the purchases/services on Theancestrystore.in shall be against the MRP displayed on the website and shall be in accordance with terms and conditions of the third party Online Payment Gateway Services, as adopted and applicable to your transaction and approved by ANCESTRY. 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 to ensure a safe and a fool-proof online shopping environment for our users.

ANCESTRY may employ third party payment gateways, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Ancestry 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 to your activities.

DELIVERY

ANCESTRY will try to deliver products within time frame s 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 Ancestry fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Ancestry may charge you for additional shipping cost.

REFUNDS & RETURNS

ANCESTRY shall make all efforts to deliver defect-free products to the purchasers. Ancestry does not take title to any returned items purchased by the user unless the item is received by ANCESTRY. Items purchased on our website do not necessarily qualify for return unless the product delivered is damaged or has manufacturing defects or wrong size. The defective and/or damaged goods so received shall be communicated to Ancestry within 48 hours of receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

ANCESTRY holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.

PRODUCT DESCRIPTIONS

Products displayed on Ancestry attempt to be as accurate as possible. However, Ancestry does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Ancestry is not as described, your sole remedy is to contact Ancestry within 48 hours of receipt and Ancestry reserves the right to provide a solution as per its discretion. Ancestry is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

PRODUCT COMPLIANCE

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

PRODUCT PRICING DISCLAIMER

The prices displayed on our website may differ from prices that are available in stores. Further 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.

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. Ancestry reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

WARRANTIES & LIABILITY

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

ANCESTRY 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.

Though Ancestry shall make try to protect its websites from any viruses and illegal use, we do not guarantee that this site, its information, Contents, materials, product (including software) or services made available to you through the Website, its servers, or electronic communication are free of viruses and other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on the Website shall be solely governed by Indian Laws. In the event that 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 for a product that could not be delivered to You. Ancestry shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

ANCESTRY 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.

INDEMNITY

You agree to indemnify and shall not hold Ancestry (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, 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.

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.

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.

WAIVER

The failure by Ancestry 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 Ancestry of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

FORCE MAJEURE

Failure on the part of Ancestry to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against Ancestry or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment 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 Ancestry that directly or indirectly hinders or prevents Ancestry 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.

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and Ancestry hereto shall be determined and governed according to the laws of India. If any dispute arises between You and Ancestry regarding Your use of the Website or Your dealing with Ancestry 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 the ‘Customer Care’ by way of email to care@theancestrystore.in

The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding', 'spamming', 'mail bombing' or 'crashing;'
Sending unsolicited email, including promotions and/or advertising of products or services; or
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Limitation of Liability

In no event shall Ancestry be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

Conflict of Laws

In case of any dispute or differences arises due to transactions associates with Ancestry then the laws of India shall be applicable for every matter whatsoever nature in order to resolve the matter or put to conclusion if any issue arises.

GOVERNING LAW

These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 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.