Terms of service

These Terms & Conditions (“Terms”) govern your access to and use of www.apella.in and any purchases, services or other transactions made through the website.

The website is operated by:

Tejus Enterprises
Brand: Apella
Registered Address: Red Apple Complex, Bhattanwali, Paonta Sahib, H.P. India, 173025
Email: hello@apella.in
Phone: 6230116928

Throughout these Terms, “Apella”, “we”, “us” and “our” refer to Tejus Enterprises operating under the Apella brand.

By accessing, browsing or using our website, or by purchasing products from us, you agree to be bound by these Terms and the policies incorporated into them, including our Privacy & Personal Data Protection Policy, Cookie & Tracking Policy and Return & Refund Policy.

If you do not agree with these Terms, please do not use the website or purchase products through it.

1. ELIGIBILITY AND ONLINE STORE TERMS

By using this website, you represent that:

you are legally capable of entering into a binding agreement under applicable law;
the information you provide to us is accurate and complete;
you will use the website only for lawful purposes; and
you will comply with these Terms and applicable laws.

If you are using the website on behalf of another person or entity, you represent that you are authorised to do so.

You must not use Apella products, services or the website for any unlawful or unauthorised purpose.

You must not transmit worms, viruses, malware or any other code of a destructive or harmful nature.

A material breach of these Terms may result in suspension or termination of your access to the website or services, subject to applicable law.

2. OUR E-COMMERCE PLATFORM

Our online store may be hosted or supported by third-party e-commerce technology providers, including Shopify.

Such providers may provide the infrastructure, hosting, payment, security or other technology necessary to operate our online store.

Your use of third-party services may also be subject to the relevant third party's terms and policies.

3. WEBSITE USE

You may use our website for legitimate personal and lawful purposes.

You must not:

interfere with the operation or security of the website;
attempt to gain unauthorised access to systems or accounts;
introduce viruses, malware or other harmful code;
use automated systems to disrupt the website;
scrape, crawl, copy or extract website content or data without permission;
impersonate another person;
submit false or misleading information;
use the website to commit fraud;
infringe intellectual-property rights;
harass, threaten, abuse, defame or discriminate against others;
collect or track another person's personal information without lawful authority;
spam, phish, pharm, pretext or otherwise engage in deceptive activity;
circumvent security or access controls; or
use the website for any unlawful, obscene or otherwise prohibited purpose.

We reserve the right to restrict or terminate access where a user violates these Terms or applicable law.

4. ACCURACY OF WEBSITE INFORMATION

We make reasonable efforts to keep information on the website accurate and current.

However, the website may occasionally contain:

typographical errors;
pricing errors;
product-description errors;
inaccurate availability information;
incorrect promotional information;
shipping or delivery information that has changed;
other inaccuracies or omissions.

Apella reserves the right to correct, modify or update such information and, where permitted by law, to cancel or modify an affected order.

Information on the website is provided for general informational purposes and should not be treated as a guarantee that every item of information will always be complete, current or error-free.

Historical information may be provided for reference and may not represent current information.

5. PRODUCTS AND PRODUCT INFORMATION

Certain products may be available exclusively through the website.

Products may be available in limited quantities.

Product availability may change without notice.

We make reasonable efforts to display product photographs, colours, fabrics, prints and other details as accurately as possible.

However, actual colours may vary depending on:

the customer's device;
monitor or screen settings;
lighting conditions;
photography;
fabric characteristics; and
other technical factors.

Accordingly, Apella cannot guarantee that the colour displayed on your device will exactly match the physical product.

Product descriptions, measurements, pricing, availability and other product information may be changed or updated from time to time.

Apella reserves the right to discontinue a product at any time.

6. PRICING

Product prices displayed on the website are subject to change.

Prices may vary according to factors including:

size;
product configuration;
customisation;
applicable offers or promotions; and
changes in taxes, costs or other commercial factors.

The applicable price for an order will generally be the price displayed at the time the order is placed, subject to correction of any genuine pricing or technical error.

Applicable taxes and charges will be presented as required by law.

7. ORDERS AND ORDER ACCEPTANCE

Submitting an order through the website constitutes an offer/request to purchase the selected products.

Apella reserves the right to accept, decline, cancel or limit any order, subject to applicable law.

An order may be cancelled or restricted in circumstances including:

product unavailability;
inaccurate product or pricing information;
technical errors;
suspected fraud or misuse;
duplicate or unusual orders;
suspected reseller/dealer activity;
incorrect customer information;
delivery limitations; or
other legitimate business or legal reasons.

If Apella cancels an order after payment has been received, the applicable refund will be processed according to our Return & Refund Policy and applicable law.

8. ORDER LIMITATIONS

Apella may limit or cancel quantities purchased by:

an individual;
a household;
a customer account;
a payment instrument;
a billing address;
a shipping address; or
another identifiable ordering relationship.

Apella may also restrict or cancel orders that appear to be placed for unauthorised resale, distribution or commercial redistribution.

These restrictions may be applied on a case-by-case basis.

9. BILLING AND ACCOUNT INFORMATION

You agree to provide accurate, complete and current information when placing an order or creating an account.

This may include:

name;
billing address;
shipping address;
email address;
mobile number;
payment information where applicable; and
other information reasonably required to process your order.

You agree to promptly update information when necessary so that Apella can:

complete transactions;
deliver orders;
process refunds;
contact you regarding orders; and
provide customer support.

Providing inaccurate, incomplete or outdated information may result in delays, failed delivery, cancellation or other consequences.

10. PAYMENTS

Payments may be processed through authorised third-party payment service providers.

Apella may use transaction verification and fraud-prevention measures.

You agree to provide accurate information necessary to complete a payment.

Apella does not intend to retain complete payment-card information where that information is processed directly by an authorised payment provider, although the information actually received or retained may depend on the payment method and provider used.

11. PAY ON DELIVERY / CASH ON DELIVERY

Where Pay on Delivery (“POD”/“COD”) is offered, its availability may be subject to product, location, order-value, customer-history and other eligibility conditions.

If a customer places a POD/COD order and refuses to accept the order, resulting in the shipment being returned to Apella (“RTO”), Apella may restrict or disable POD/COD availability for subsequent orders placed by that customer.

Future orders may therefore be required to be placed using prepaid payment methods.

This measure may be applied as a reasonable operational and fraud-prevention measure and does not affect any rights available to the customer under applicable law.

12. SHIPPING AND DELIVERY

Delivery timelines displayed on the website are estimates unless expressly stated otherwise.

Delivery may be affected by:

courier delays;
weather;
public holidays;
strikes;
incorrect address information;
customer unavailability;
restricted delivery locations;
logistics disruptions;
force-majeure events; or
circumstances outside Apella's reasonable control.

Customers are responsible for providing accurate delivery information.

Please refer to our applicable shipping, return and refund policies for additional details.

13. RETURNS, EXCHANGES AND REFUNDS

Returns, exchanges and refunds are governed by Apella's applicable Return & Refund Policy.

Eligibility, exclusions, timelines, product-condition requirements and refund methods may vary by product and order.

By purchasing from Apella, you acknowledge that the applicable Return & Refund Policy forms part of these Terms.

14. MODIFICATION OR DISCONTINUATION OF SERVICES

Apella reserves the right to modify, suspend or discontinue the website, products, services, features or portions of the website at any time, subject to applicable law.

Apella will not be liable for modification, suspension or discontinuation to the extent permitted by applicable law.

15. OPTIONAL THIRD-PARTY TOOLS

Apella may provide access to third-party tools, applications or services that Apella does not own or control.

Such tools may be provided on an “as available” basis.

Your use of third-party tools may be subject to the relevant third party's own terms, conditions and privacy policies.

You are responsible for reviewing those terms before using such tools.

Apella is not responsible for third-party tools except to the extent liability cannot lawfully be excluded.

16. THIRD-PARTY LINKS AND SERVICES

The website may contain links to third-party websites, products or services.

These third parties may operate independently from Apella.

Apella does not control and is not responsible for:

third-party content;
third-party websites;
third-party privacy practices;
third-party products or services; or
transactions conducted directly with third parties.

Customers should review the applicable third party's terms and privacy policies before using those services.

Any complaint relating specifically to a third-party product or service should ordinarily be directed to that third party.

17. CUSTOMER COMMENTS, REVIEWS AND SUBMISSIONS

Customers may have opportunities to submit:

reviews;
feedback;
suggestions;
photographs;
testimonials;
ideas;
creative materials; or
other content.

You remain responsible for the content you submit.

You must not submit content that:

is unlawful;
is defamatory;
is abusive, threatening or obscene;
infringes another person's intellectual-property rights;
violates privacy or personality rights;
contains malicious code;
is fraudulent or misleading; or
violates these Terms.

Where you voluntarily submit content for publication or use by Apella, you grant Apella the rights necessary to use, reproduce, display, adapt, translate and publish that content for legitimate business purposes, subject to applicable law and any permissions or consents required.

Apella may remove or decline to publish content that it reasonably considers inappropriate, unlawful, misleading or inconsistent with these Terms.

Apella does not undertake to maintain submitted comments in confidence unless separately agreed or required by law.

Apella is not obligated to compensate customers for submitted comments or ideas unless expressly agreed.

18. INTELLECTUAL PROPERTY

All content on the website, including where applicable:

Apella name and branding;
logos;
product photographs;
graphics;
designs;
text;
videos;
illustrations;
website layout;
product descriptions; and
other original materials

is owned by or licensed to Apella and is protected by applicable intellectual-property laws.

You may not reproduce, copy, modify, distribute, sell, license, publish or commercially exploit Apella content without prior written permission, except where permitted by law.

19. PERSONAL INFORMATION

Personal information submitted through the website is handled in accordance with the Apella Privacy & Personal Data Protection Policy.

The Privacy Policy forms part of these Terms.

20. PROHIBITED USES

In addition to the restrictions described elsewhere in these Terms, you must not use the website or its content:

for any unlawful purpose;
to solicit participation in unlawful activity;
to violate applicable laws or regulations;
to infringe intellectual-property rights;
to harass, abuse, threaten, defame, intimidate or discriminate against another person;
to submit false or misleading information;
to upload or transmit malicious code;
to collect or track another person's personal information without lawful authority;
to spam, phish, pharm, pretext, spider, crawl or scrape the website without permission;
to interfere with or circumvent website security features;
to commit fraud or facilitate fraudulent transactions;
to impersonate another person or entity;
to interfere with another user's access to the website; or
for any purpose that violates these Terms or applicable law.

21. WEBSITE AVAILABILITY AND DISCLAIMERS

Apella does not guarantee that the website or its services will always be:

uninterrupted;
timely;
secure;
error-free; or
continuously available.

The website may occasionally be unavailable due to:

maintenance;
technical issues;
upgrades;
security measures;
third-party service interruptions; or
circumstances outside Apella's reasonable control.

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

Nothing in these Terms excludes any statutory warranty, consumer right or liability that cannot legally be excluded.

The updated version will be published on this page with the revised Last Updated date.

22. AI-Generated and AI-Assisted Content

Apella may use artificial intelligence (“AI”), computer-generated technologies and other digital tools in connection with certain aspects of its photography, digital modelling, creative design, marketing, visualisation and content production.

Certain images, videos and other visual content displayed on the Website, our social media channels, advertisements or other digital communications may contain AI-generated or AI-assisted elements, including models, backgrounds, poses, styling, lighting or other visual elements.

Such visual content is provided for illustrative and presentation purposes and is intended to communicate the design, colour, appearance, styling and overall presentation of our products. While we make reasonable efforts to ensure that such representations are accurate, the appearance of products may vary depending on photography, lighting, display settings and other factors.

Product specifications, measurements, fabric composition, stated colours, product descriptions and other material product information are based on the actual products offered for sale and should be relied upon in preference to AI-generated or digitally enhanced visual elements.

AI-generated or AI-assisted content is not intended to represent an actual customer, employee, model, influencer or other identifiable individual unless expressly stated or appropriately disclosed.

Apella does not knowingly use AI-generated or AI-assisted content to falsely represent that a person has purchased, used, reviewed, endorsed or recommended our products.

We endeavour to ensure that AI-generated and AI-assisted content used by us does not materially misrepresent the products offered for sale or otherwise mislead customers.

23. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Apella and its directors, officers, employees, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, special, punitive or consequential loss arising from your use of the website or services.

This may include, where legally permissible:

loss of profits;
loss of revenue;
loss of savings;
loss of data;
business interruption; or
replacement costs.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded under applicable Indian law.

Nothing in these Terms is intended to restrict any mandatory consumer protection or statutory right available to you.

24. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Apella, Tejus Enterprises and their respective directors, officers, employees, agents, contractors, suppliers and service providers from claims, losses, liabilities and reasonable costs arising from:

your material breach of these Terms;
your unlawful use of the website;
your violation of applicable law;
your infringement of another person's rights; or
content submitted by you that violates these Terms or applicable law.

This clause will apply only to the extent permitted by applicable law.

25. TERMINATION AND SUSPENSION

These Terms remain effective while you use the website or services.

You may stop using the website at any time.

Apella may suspend or terminate your access to the website or services where:

you materially breach these Terms;
Apella reasonably suspects fraudulent or unlawful activity;
continued access presents a security or operational risk; or
suspension or termination is otherwise permitted by law.

Termination does not affect rights or obligations that accrued before termination.

Provisions that by their nature should survive termination, including intellectual-property, liability, indemnification, dispute and other applicable provisions, will continue to apply.

26. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the extent necessary.

The remaining provisions will continue in full force and effect.

27. WAIVER

If Apella does not immediately enforce a provision of these Terms, that does not constitute a waiver of Apella's right to enforce that provision in the future.

Any waiver must be expressly made by Apella.

28. ENTIRE AGREEMENT

These Terms, together with the policies and other documents expressly incorporated into them, constitute the agreement governing your use of the website and services.

They supersede prior website terms relating to the same subject matter, except where a separate written agreement expressly provides otherwise.

29. CHANGES TO THESE TERMS

Apella may update, modify or replace these Terms from time to time.

The latest version will be published on this page together with the applicable “Last Updated” date.

It is your responsibility to review the Terms periodically.

Your continued use of the website after updated Terms are published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

30. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of India.

Nothing in this clause limits any mandatory consumer rights or statutory remedies available to customers.

Subject to applicable law, disputes shall be subject to the jurisdiction of the competent courts and authorities having jurisdiction over the matter.

31. CUSTOMER GRIEVANCE

For customer complaints or grievances:

Grievance Officer: Mr. Rajesh Kashyap
Designation: Grievance Officer
Email: hello@apella.in
Phone: +91 98960 78045
Address: Red Apple Complex, Paonta Sahib, Bhattanwali, H.P, India, 173025

For privacy and personal-data matters, please refer to the Apella Customer Grievance & Data Rights Policy and Privacy & Personal Data Protection Policy.

32. CONTACT INFORMATION

For questions regarding these Terms:

Tejus Enterprises — Apella
Email: hello@apella.in
Phone: +91 62301 16928
Address: Red Apple Complex, Paonta Sahib, Bhattanwali, H.P, India, 173025

Country/region