Terms And Conditions
PLEASE READ TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THE WEBSITE OR ORDERING PRODUCTS FROM THE WEBSITE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.swabhimannjwellery.in (the "Website"), Swabhimann Jwellery offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Swabhimann Jwellery reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Terms of Offer: This Website offers for sale certain Products (Earring, Necklaces, Rings, Bangles and other products that may be sold on this website) By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Dimensions / Colour / Material: Product attributes such as dimensions, colour, material have been mentioned wherever applicable. Please feel free to reach us to confirm the same before placing an order. No product will be exchanged/replaced on this basis. We click all the photos in sunlight to make sure that the colours are as real as possible. If you are not sure about the colour feel free to call us and confirm it. No product will be replaced on this basis. If you do not like the product and or it is bigger/smaller/heavier than you thought we do not exchange it. Terms like gold, silver, diamonds, solitaires, zircon and stones etc used on the website doesn’t mean that they are real precious metals/stones.
We use best quality raw material that is allergy free. However if you are allergic to non-gold jewellery we do not hold any responsibility to any kind of damage. Please follow the Jewellery Care Tips on our home page and you will happily flaunt our creations for years!
Guarantee / Warranty: There is no guarantee/warranty for any creation.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, SMS or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Swabhimann Jwellery has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Swabhimann Jwellery.
Swabhimann Jwellery is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business .We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website (6)You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (7) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (8) is libellous, threatening, defamatory, obscene, indecent, pornographic or (9) includes any bugs, viruses, worms or other harmful code or properties.
The ultimate authority to ship goods to customer rests in the hand of the company’s management team. The management may at any point if it deems fit, red flag or blacklist a customer and deny shipping goods to them. The management may also give a refund instead of store credits to such a red flagged/blacklisted customer. The circumstances under which a customer may be red-flagged/ blacklisted is based at the company’s discretion.
III) REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Swabhimann Jwellery. Such disclosure, submission or offer of any Comments shall constitute an assignment to Swabhimann Jwellery. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Swabhimann Jwellery 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. Swabhimann Jwellery. 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. Swabhimann Jwellery is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site 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 libelous 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". Swabhimann Jwellery. 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 Site. You grant Swabhimann Jwellery. 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 Swabhimann Jwellery. and its affiliates for all claims resulting from any Comments you submit. Swabhimann Jwellery. and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
IV) COPYRIGHT & TRADEMARK
Swabhimann Jwellery. its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Swabhimann Jwellery. or any third party's intellectual property rights. All rights, including copyright, in this website are pending approval. Any use of this website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Swabhimann Jwellery. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Swabhimann Jwellery. its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Swabhimann Jwellery., endorsement, sponsorship or recommendation of the third party, information, product or service. Swabhimann Jwellery. is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Swabhimann Jwellery or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Swabhimann Jwellery. one of its affiliates or by third parties who have licensed their materials to Swabhimann Jwellery. and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Swabhimann Jwellery. and is also protected by Indian and International copyright laws.
V) CUSTOMER SOLICITATION
Unless you notify Swabhimann Jwellery, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and Calls/SMS
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may choose to opt out, via sending your email to: firstname.lastname@example.org
VI) LIMITATION OF LIABILITY
Swabhimann Jwellery entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
Swabhimann Jwellery will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
VII) DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Swabhimann Jwellery expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SWABHIMANN JWELLERY MAKES NO WARRANTY:
- THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
You hereby agree to indemnify and hold harmless Swabhimann Jwellery , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with Swabhimann Jwellery, (iv) action or inaction on behalf of Swabhimann Jewellery’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. Swabhimann Jwellery shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide Swabhimann Jwellery with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Swabhimann Jwellery reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Swabhimann Jwellery may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Swabhimann Jwellery reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Swabhimann Jwellery chooses, in its sole discretion and without advance to you, to terminate it.
XI) GOVERNING LAW & JURISDICTION
This Website originates from Delhi, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Swabhimann Jwellery will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Statute of Limitation. Any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose.
Force Majeure: Swabhimann Jwellery will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Effect of Waiver: The failure of Swabhimann Jwellery to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Cessation of Operation: Swabhimann Jwellery may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Severability: In the event that any term, condition or provision of this Agreement is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement.