Terms of service

Terms of Service

 

These Terms of Service govern your access to and use of the Divya Shilp online store and your purchase of products from Divya Shilp, operated by Akay Udyog.

Throughout these Terms, “Divya Shilp,” “we,” “us,” and “our” refer to Akay Udyog. “You,” “your,” “customer,” and “user” refer to any person who visits our website, creates an account, contacts us, or purchases a product.

By accessing our website, submitting information, or placing an order, you agree to these Terms of Service, along with our Privacy Policy, Shipping Policy, and Return, Exchange and Refund Policy.

Please do not use the website or place an order when you do not agree with these Terms.

1. Business Information

The online store is operated by:

Divya Shilp / Akay Udyog
Khasra No. 63, Khaire Kamptee Road
Nagpur, Maharashtra – 440026, India

GST Number: 27AABFA3797P1ZU
Email: divyashilpindia@gmail.com
Order support: +91 9273037132
Bulk orders and customisation: +91 9822728443
Support hours: Monday to Saturday, 10:00 a.m. to 5:00 p.m. IST
Sunday: Closed

2. Eligibility to Use the Website

By using the website or placing an order, you confirm that:

  • You are legally capable of entering into a binding contract;
  • You are at least 18 years old; or
  • You are using the website under the supervision and with the permission of a parent or lawful guardian.

A parent or guardian placing an order on behalf of a minor is responsible for the order and use of the product.

You must provide accurate, complete, and current information during checkout and whenever you communicate with us.

3. Products

Divya Shilp manufactures and sells brass, stone, resin, and other handcrafted murtis, statues, idols, spiritual articles, decorative items, gifts, and related products.

We make reasonable efforts to ensure that product names, photographs, descriptions, prices, dimensions, materials, weights, colours, and availability are accurate. However:

  • Product colours may appear different because of photography, lighting, screen settings, and device displays;
  • Dimensions and weights may have minor variations;
  • Packaging may differ from photographs;
  • Product descriptions may be updated from time to time; and
  • Minor typographical or technical errors may occur.

Please review the product description, measurements, material, colour, weight, and intended placement before placing an order.

4. Handcrafted Product Variations

Many Divya Shilp products are handmade, hand-finished, cast, carved, polished, painted, assembled, or individually detailed.

As a result, products may have minor variations in:

  • Colour and shade;
  • Surface texture;
  • Stone grain or natural pattern;
  • Polish and finish;
  • Casting marks;
  • Brushwork;
  • Dimensions and weight;
  • Facial expression;
  • Engraving; and
  • Decorative detailing.

These minor differences are part of the individual character of handcrafted products and are not normally considered defects.

A product will still be assessed under our Return, Exchange and Refund Policy when it is materially damaged, defective, incorrectly supplied, or materially different from its description.

5. Religious and Cultural Descriptions

Some product descriptions may refer to traditional, cultural, spiritual, devotional, astrological, Vastu, symbolic, or religious beliefs.

Such descriptions are provided for general cultural and informational purposes. They do not constitute a guarantee of any particular spiritual, medical, financial, emotional, professional, or personal outcome.

Purchasing or using a product does not guarantee wealth, health, protection, positive energy, success, good fortune, relief from illness, or any other specific result.

Our products are not substitutes for medical, psychological, legal, financial, or other professional advice.

6. Product Availability

All products and offers are subject to availability.

A product appearing on the website may become unavailable before or after an order is placed because of:

  • Inventory differences;
  • Manufacturing limitations;
  • Product damage discovered during inspection;
  • Technical errors;
  • Supplier or material availability;
  • Pricing errors; or
  • Other operational reasons.

We may limit the quantity of a product available to a customer, household, address, account, or order.

When we cannot fulfil an order, we may cancel the affected product or order and refund the amount received for it.

7. Prices and Taxes

Unless stated otherwise, product prices are displayed in Indian rupees.

Prices may include or exclude applicable taxes depending on the product, transaction, and information displayed at checkout. The final payable amount will be shown before order confirmation.

We may change product prices, discounts, shipping charges, and promotional offers at any time. A price change will not normally affect an order that has already been accepted, except when there is an obvious pricing or technical error.

Prices shown on other platforms, marketplaces, physical sales channels, or previous advertisements may differ from prices on our website.

8. Pricing and Listing Errors

Although we make reasonable efforts to maintain accurate listings, a product may occasionally be displayed with an incorrect price, discount, description, image, stock status, or specification.

When we discover an obvious error, we may:

  • Contact you for confirmation;
  • Correct the information;
  • Cancel the affected item or order; or
  • Offer an appropriate alternative.

When an order is cancelled because of our pricing or listing error, any payment received for the cancelled item will be refunded.

We will not intentionally use incorrect prices or misleading product information to induce purchases.

9. Placing an Order

When you submit an order, you are offering to purchase the selected products subject to these Terms.

After receiving your order, we may send an automated acknowledgement or payment confirmation. Such a message confirms receipt of the order but does not necessarily mean that the order has been finally accepted.

An order is normally accepted when:

  • We confirm that the product is available;
  • Payment or COD verification is completed where applicable; and
  • The order is approved for processing or dispatch.

We reserve the right to reject or cancel an order for legitimate reasons, including:

  • Product unavailability;
  • Incorrect pricing or product information;
  • Failed or incomplete payment;
  • Suspected fraud or unauthorised activity;
  • Incorrect or incomplete customer information;
  • Delivery restrictions;
  • Repeated refusal of COD orders;
  • Abusive or threatening conduct;
  • Unusually large quantities suggesting unauthorised resale; or
  • A legal or regulatory requirement.

When we cancel a prepaid order, we will refund the amount collected for the cancelled portion.

10. Order Information

You are responsible for ensuring that all order information is accurate, including:

  • Customer name;
  • Mobile number;
  • Email address;
  • Delivery address;
  • PIN code;
  • Product selection;
  • Quantity;
  • Variant;
  • Personalisation instructions; and
  • Billing details.

Please contact us immediately when you identify an error.

We may not be able to modify an order after it has been packed, personalised, processed, or dispatched. Additional charges may apply when an address change or re-delivery is possible.

11. Payments

Available payment methods will be displayed during checkout and may include cards, UPI, net banking, wallets, Cash on Delivery, or other supported methods.

Payments may be processed through Shopify, Razorpay, banks, card networks, UPI providers, or other authorised payment-service providers.

By submitting payment information, you confirm that:

  • You are authorised to use the selected payment method;
  • The information provided is accurate;
  • Sufficient funds or credit are available; and
  • The payment does not violate any law or third-party right.

We do not normally receive or store complete card numbers, banking passwords, UPI PINs, or one-time passwords.

Never share your OTP, UPI PIN, card PIN, banking password, or other confidential payment credentials with anyone claiming to represent Divya Shilp.

12. Cash on Delivery

Cash on Delivery may be available only for eligible products, order values, and delivery locations.

We may contact you by telephone or WhatsApp to verify a COD order. An unverified COD order may be delayed, placed on hold, or cancelled.

Please keep the payable amount ready at delivery when cash payment is permitted.

Repeated refusal of confirmed COD orders, false orders, or repeated delivery failures may result in:

  • Cancellation of the order;
  • Restriction of future COD access;
  • A requirement for prepaid payment; or
  • Recovery of reasonable re-delivery or return-to-origin charges where legally permitted.

13. Discounts and Promotional Offers

Discount codes, coupons, free gifts, promotional offers, and special prices may be subject to additional conditions.

Unless stated otherwise:

  • Only one discount code may be used per order;
  • Discounts cannot be exchanged for cash;
  • Discounts cannot normally be applied after an order is placed;
  • Offers may be limited by date, inventory, customer, product, or order value;
  • Free gifts are subject to availability;
  • Discounts may exclude shipping charges, customised products, or bulk orders; and
  • We may withdraw or correct an offer affected by fraud, misuse, or technical error.

When a returned order no longer meets the conditions of a promotion, the refund may be adjusted to reflect the actual discount or promotional benefit received.

14. Customised, Personalised and Made-to-Order Products

Customised, personalised, made-to-order, specially sourced, and bulk products may require:

  • Advance payment;
  • Design approval;
  • Additional production time;
  • Minimum order quantities;
  • Separate shipping charges; or
  • Additional written terms.

You are responsible for checking all approved names, spellings, dimensions, colours, quantities, artwork, and customisation instructions.

Once production or procurement begins, such orders may not be cancelled, changed, returned, or exchanged except where the product is damaged, defective, incorrectly supplied, or otherwise eligible under applicable law.

Any estimated production date is an estimate and may be affected by design changes, material availability, quantity, workmanship requirements, or circumstances beyond our reasonable control.

15. Shipping and Delivery

Shipping charges, processing periods, estimated delivery periods, tracking, address changes, delayed shipments, damaged parcels, and return-to-origin orders are governed by our Shipping Policy.

Delivery estimates are not guaranteed delivery dates.

You are responsible for:

  • Providing a complete and serviceable address;
  • Providing an active mobile number;
  • Being available to receive the parcel;
  • Responding to reasonable courier communications; and
  • Inspecting the parcel after delivery.

Risk relating to an order will be handled according to applicable law and our published shipping and return policies.

16. Returns, Exchanges, Refunds and Cancellations

Returns, exchanges, refunds, damaged-product claims, missing-item claims, incorrect-product claims, and cancellations are governed by our Return, Exchange and Refund Policy.

Please inspect your order promptly after delivery and contact us within the time stated in that policy.

Products returned without approval may be refused or returned to the sender.

Nothing in these Terms is intended to remove or restrict any remedy that cannot legally be excluded under applicable consumer-protection law.

17. Care and Use of Products

You are responsible for reading and following any product-specific care, cleaning, installation, placement, and handling instructions.

Depending on the material, products may be damaged by:

  • Water or excessive moisture;
  • Harsh chemicals;
  • Abrasive cleaning materials;
  • Dropping or impact;
  • Direct heat or flame;
  • Prolonged outdoor exposure;
  • Incorrect polishing;
  • Improper installation; or
  • Unsuitable adhesives or mounting methods.

Divya Shilp is not responsible for damage occurring after delivery because of misuse, improper handling, unsuitable cleaning, unauthorised repair, modification, installation, normal wear, or failure to follow care instructions.

18. Website Accounts

Certain website features may allow you to create a customer account.

You are responsible for:

  • Keeping your login credentials confidential;
  • Restricting access to your device;
  • Providing accurate account information; and
  • Notifying us of suspected unauthorised account activity.

You are responsible for activity performed through your account unless the activity resulted from a matter for which we are legally responsible.

We may suspend or close an account that is used fraudulently, unlawfully, abusively, or in breach of these Terms.

19. Acceptable Use

You must not use the website:

  • For an unlawful, fraudulent, or deceptive purpose;
  • To violate another person’s rights;
  • To submit false order or payment information;
  • To place orders without an intention to accept or pay for them;
  • To introduce viruses, malware, harmful code, or automated attacks;
  • To scrape, copy, harvest, or extract website data without permission;
  • To interfere with website security or operation;
  • To impersonate another person;
  • To send spam or unsolicited communications;
  • To upload unlawful, offensive, defamatory, or infringing material;
  • To reverse-engineer website systems where prohibited by law; or
  • To circumvent purchasing restrictions, security features, or access controls.

We may restrict access, cancel orders, suspend accounts, or take appropriate action when these requirements are violated.

20. Intellectual Property

The website and its contents may include:

  • Divya Shilp names and logos;
  • Product names;
  • Product photographs and videos;
  • Product descriptions;
  • Artwork and designs;
  • Graphics;
  • Packaging;
  • Website layouts;
  • Text;
  • Catalogues; and
  • Other proprietary material.

These materials are owned by or licensed to Divya Shilp and are protected by applicable intellectual-property laws.

You may access the website for personal shopping and informational purposes. You may not reproduce, republish, modify, distribute, sell, commercially exploit, or use our content without prior written permission, except where permitted by law.

Purchasing a product does not transfer ownership of our photographs, designs, trademarks, website content, or other intellectual property.

21. Customer Reviews and Submitted Content

When you submit a review, photograph, video, testimonial, comment, suggestion, or other content, you confirm that:

  • You created it or have permission to submit it;
  • It is truthful and based on genuine experience;
  • It does not violate another person’s rights;
  • It is not unlawful, defamatory, abusive, misleading, or obscene; and
  • It does not contain malware, spam, or unauthorised advertising.

You grant Divya Shilp a non-exclusive, worldwide, royalty-free licence to store, reproduce, display, publish, format, and use the submitted content for website, customer-service, and marketing purposes, subject to applicable privacy law.

We may remove or decline content that violates these Terms, but we are not obligated to publish every submission.

22. Third-Party Services and Links

Our website may use or link to services operated by third parties, including:

  • Shopify;
  • Payment gateways;
  • Courier companies;
  • Analytics providers;
  • Advertising platforms;
  • Social-media services;
  • WhatsApp;
  • Review applications; and
  • Other website applications.

Third-party services are governed by their own terms and privacy policies.

We do not control and are not responsible for the availability, content, privacy practices, security, products, or conduct of an independent third-party website or service.

A link or integration does not necessarily mean that Divya Shilp endorses every statement, product, or service offered by that third party.

23. Website Availability

We aim to keep the website available and accurate, but we do not guarantee uninterrupted or error-free operation.

The website may be unavailable or affected because of:

  • Maintenance;
  • Hosting or platform failures;
  • Internet interruptions;
  • Cybersecurity incidents;
  • Third-party service failures;
  • Technical errors;
  • Government restrictions;
  • Natural disasters; or
  • Other circumstances beyond our reasonable control.

We may update, suspend, remove, or change website features when reasonably necessary.

24. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website and its general informational content are provided on an “as available” basis.

We do not guarantee that:

  • The website will always be uninterrupted or error-free;
  • Every product will always be available;
  • Website information will never contain a typographical error;
  • Product colours will appear identically on every screen; or
  • Cultural, devotional, spiritual, Vastu, or symbolic descriptions will produce a particular result.

This section does not exclude any product warranty, guarantee, statutory right, or remedy that cannot legally be excluded.

25. Limitation of Liability

To the maximum extent permitted by applicable law, Divya Shilp will not be liable for indirect, incidental, special, punitive, or consequential losses arising solely from the use of the website or a breach of these Terms.

Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law.

Nothing in these Terms excludes or limits liability for:

  • Fraud or fraudulent misrepresentation;
  • Wilful misconduct;
  • Gross negligence where it cannot be excluded;
  • Death or personal injury caused by legally actionable negligence;
  • A defective product where liability cannot be excluded;
  • Violation of non-waivable consumer rights; or
  • Any liability that applicable law does not permit us to exclude.

26. Indemnity

To the extent permitted by law, you agree to compensate Divya Shilp for reasonable losses, liabilities, or expenses directly resulting from:

  • Your unlawful use of the website;
  • Fraudulent activity performed by you;
  • Your material breach of these Terms;
  • Your infringement of another person’s rights; or
  • Content you submit unlawfully.

This clause does not apply to losses caused by Divya Shilp or to responsibilities that cannot legally be imposed on a consumer.

27. Privacy

Our collection and handling of personal information are described in our Privacy Policy.

By using the website, you acknowledge that information may be processed by Shopify and authorised service providers used for payments, order processing, customer support, analytics, fraud prevention, and delivery.

Please review the Privacy Policy before providing personal information.

28. Consumer Rights and Grievances

These Terms must be read consistently with applicable Indian consumer-protection laws.

Nothing in these Terms is intended to:

  • Waive a non-waivable consumer right;
  • Prevent a customer from raising a legitimate complaint;
  • Exclude responsibility for an unfair trade practice;
  • Refuse an appropriate remedy for a qualifying defective, damaged, incorrect, or misdescribed product; or
  • Prevent access to a consumer commission, court, regulator, or other competent authority.

For order complaints or grievances, contact:

Email: divyashilpindia@gmail.com
Order support: +91 9273037132
Address: Khasra No. 63, Khaire Kamptee Road, Nagpur, Maharashtra – 440026

Please provide your name, order number, contact details, and a clear description of the issue.

29. Suspension and Termination

We may suspend or terminate access to the website, cancel an account, or refuse service where reasonably necessary because of:

  • Fraud or suspected fraud;
  • Unlawful activity;
  • Security threats;
  • Abusive conduct;
  • Repeated false orders;
  • Repeated unjustified COD refusals;
  • Material violation of these Terms; or
  • A legal or regulatory requirement.

Termination will not remove obligations relating to completed transactions, outstanding payments, intellectual property, dispute resolution, or other provisions intended to survive termination.

30. Force Majeure

Divya Shilp will not be responsible for delay or failure caused by circumstances beyond our reasonable control, including:

  • Natural disasters;
  • Floods, fires, or severe weather;
  • Epidemics or public-health restrictions;
  • War or civil disturbance;
  • Strikes or transport disruptions;
  • Government action;
  • Internet or electricity failure;
  • Courier disruption;
  • Platform or payment-system failure; or
  • Shortage of materials.

We will make reasonable efforts to communicate material delays and fulfil or refund affected orders as appropriate.

31. Changes to These Terms

We may revise these Terms to reflect changes in:

  • Our products or services;
  • Website functions;
  • Payment or delivery arrangements;
  • Shopify features;
  • Business practices; or
  • Applicable laws and regulations.

The revised Terms will be published with an updated “Last updated” date.

Changes will normally apply from the date they are published and will not unfairly alter rights relating to an order already accepted.

Your continued use of the website after publication of revised Terms means that the revised Terms apply to future use and future transactions.

32. Severability

When any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or removed only to the minimum extent necessary.

The remaining provisions will continue to apply.

33. No Waiver

A delay or failure by Divya Shilp to enforce a provision of these Terms does not permanently waive that provision or any other right.

Any waiver must be clear and apply only to the specific circumstance for which it is given.

34. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return, Exchange and Refund Policy, product-specific terms, and any written custom-order agreement, form the agreement between you and Divya Shilp regarding your use of the website and purchase of products.

When product-specific or customised-order terms conflict with these general Terms, the more specific written terms will apply to that order, subject to applicable law.

35. Governing Law and Jurisdiction

These Terms are governed by the laws of India.

Subject to any mandatory consumer-protection rights and any jurisdiction that cannot legally be restricted, disputes will be subject to the competent courts, tribunals, or consumer authorities having jurisdiction in Nagpur, Maharashtra.

Nothing in this section prevents a consumer from approaching a consumer commission or another authority where permitted under applicable law.

36. Contact Us

Questions concerning these Terms of Service may be sent to:

Divya Shilp / Akay Udyog
Khasra No. 63, Khaire Kamptee Road
Nagpur, Maharashtra – 440026, India

Email: divyashilpindia@gmail.com
Order support: +91 9273037132
Bulk orders and customisation: +91 9822728443
Support hours: Monday to Saturday, 10:00 a.m. to 5:00 p.m. IST
Sunday: Closed