PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.
Terms of Use
Welcome you for visiting the www.jewelandgifts.com. These terms and conditions of use govern your use of any online-service location that posts a link to these terms. These Sites provides you, as a visitor to or customer of these Sites, with access to and use of these Sites subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (collectively, the “Agreement”). You should read this Agreement carefully before browsing, using, or ordering products or services on our Sites.
The use of these Sites is governed by terms, provisions and conditions set forth herein and by entering these Sites you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms.
Each time you access or enter these Sites, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnity provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use these Sites, without which agreement would not enter into this Agreement or permit you to use these Sites. If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to discontinue your use of these Sites immediately.
This Agreement does not alter in any way the terms or conditions of any other written or on-line agreement you may have or will have reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. AS OUR SITES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITES UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE ADDITIONAL TERMS FOR YOUR NEW USE AND TRANSACTIONS. If the Agreement is changed, we will post the new terms on these Sites (or we may notify you in any other reasonable manner of notice we elect), along with the effective date of changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on these Sites as revised, and your access to or use or browsing of our Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.
Item availability and prices for all products sold on these Sites are subject to change without notice. Prices for products sold on these Sites may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).
Payment Methods
Payment for the products purchased on these Sites may be made by credit card. Currently, we accept the following major credit cards: Visa®, MasterCard®, American Express. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order. We may use the services of one or more third party, hosting providers, processors and/or financial institutions (each a “Processor”) to process the payment method for your purchases. BY PROVIDING PAYMENT METHOD INFORMATION, YOU EXPRESSLY AUTHORIZES ITS AGENTS, SERVICE PROVIDERS AND PROCESSORS TO CHARGE THE PAYMENT METHOD FOR THE ORDERS.
Correction of Errors & Inaccuracies
The information on these Sites may contain typographical errors or inaccuracies and may not be complete or current. We reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed by us at an inaccurate price due to typographical error or error in pricing information or for any other reason, we shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, we shall offer a refund to you of previous amounts paid in respect of your purchase. The display of products on these Sites shall not constitute an offer to sell.
Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability.
We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on these Sites. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We apologize for any inconvenience this may cause you.
Shipping charges; Taxes
You may be responsible for charges for shipping and handling. Such charges are in addition to product cost. In certain instances, it is required by law to charge applicable taxes. You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee.
Copyright
All content, copyrighted materials, and copyrightable materials on these Sites, including, without limitation, logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are ALL RIGHTS RESERVED. Except as stated herein, none of the content or materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of copyright owner. We grant you permission to display, copy, distribute, and download the content and materials appearing on this Sites for personal, non-commercial, and informational use only, provided that you may not, without the permission or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
Returns
For products ordered on these Sites, we will provide to the purchaser a refund or exchange so long as the merchandise returned is new, unused, returned within 30 days of the date of purchase, and accompanied by a properly completed returns requires a properly completed returns form and prepaid shipping charges or postage for any and all returns, and will accept and process returns only for purchases made using these Sites. We undertakes no obligation to accept returns for products purchased on third-party Web sites or in a physical retail store, or to accept returns for personalized products, including but without limitation engraved products. For more information about our returns policies, please see our Return Page.
Severability
If any provision or portion thereof set forth in these terms, provisions and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.
Termination
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use these Sites after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Dispute Resolution by Binding Arbitration; Severability, Termination; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement. Upon suspension or termination of your access to the Sites, all rights granted to you under these terms or Agreement will cease immediately, and you agree that you will immediately discontinue use of the Sites.
Indemity
You shall indemnify, defend and hold harmless and its affiliates and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of these Sites and/or any third party sites and/or your use of the products obtained from us.
Connectivity
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Sites and you will be responsible for all charges related to them.
Applicable Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising herefrom.