Definition
"Agreement" means the terms and conditions
as detailed herein including all schedules, appendices,
annexure, Privacy Policy and will include the
references to this Agreement as amended, supplemented,
varied or replaced from time to time.
Applicable Law
This website
www.nirvanajewellery.com
is created and controlled by Fine Jewellery India
Limited, in Mumbai, India. As such the laws of
India shall apply; courts in Mumbai shall have
jurisdiction in respect of all the terms, conditions
and disclaimers. Fine Jewellery India Limited
reserves the right to make changes to the site
and the terms, conditions and disclaimers.
Eligibility
You represent and warrant that you are competent
and eligible to enter into this legally binding
agreement and have the requisite authority to
bind the other party to this Agreement. You shall
not use this website if you are not competent
to contract under the applicable laws, rules and
regulations.
Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act,
1872 including un-discharged insolvents etc. are
not eligible to use this website to transact.
Those who choose to access this website from outside
India are responsible for compliance with local
laws if and to the extent local laws are applicable.
Fine Jewellery India Limited reserves the right
on delivery of the product basis its area of operations.
Changes or Modification of Terms and Policies
Fine Jewellery India Limited may at any time modify
the website, its terms, conditions, policies (pricing,
privacy, product offers, refund, etc.), and disclaimers
("Terms") without any prior notification
to you at its sole discretion.
Product Pricing
In the event that a product is listed at an incorrect
price or with incorrect information due to an
error in pricing or product information, Fine
Jewellery India Limited shall have the right,
at its sole discretion, to refuse or cancel any
orders placed for that product. Prices and product
availability are subject to change without notice.
Deliveries
All items featured in the online shop are deliverable only within India, and some items may be deliverable only in specific cities/ towns in India.It is mandatory for the person to give a photocopy of his identification proof on delivery of the product.
In case of Gifting or Delivery to an address other than the billing address, it is mandatory to mention the person’s name and address who would be receiving the product. Also it’s mandatory for that person who would be receiving the product to give a photocopy of his identification proof when he receives the gift.
The identification proof which would be accepted is:-
1. Passport or
2. Driving License or
3. Pan card
Order Cancellation
- BY FINE JEWELLERY INDIA LIMITED:
We reserve the right, at our sole discretion,
to refuse or cancel any order, for any reason.
Some situations that may result in your order
being canceled include limitations on quantities
available for purchase, inaccuracies or errors
in product or pricing information, or problems
identified by our credit and fraud avoidance
department. 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 canceled or if additional
information is required to accept your order.
Website Usage
You may not use this website for any of the following
purposes:
- Disseminating any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material.
- Using the contents of this website in any
manner that encourages conduct that constitutes
a criminal result in civil liability or otherwise
breaches any relevant laws, regulations or
code of practice.
- Interfering with any other person's use
of the website
- Breaching any applicable laws;
Making, copying or storing electronic copies of
the materials protected by copyright without the
permission of the owner.
Credit Card Transactions
You confirm and agree that the credit card details
provided by you for availing of services on our
website
www.nirvanajewellery.com
will be correct and accurate and you shall not
use the credit card which is not lawfully owned
by you. You further agree and undertake to provide
the correct and valid credit card details to Fine
Jewellery India Limited, with any of the third
parties unless required by law, regulation or
court order. Fine Jewellery India Limited will
not be liable for any credit card fraud. The liability
for use of a card fraudulently will be on you
and the onus to 'prove otherwise' shall be exclusively
on you. Fine Jewellery India Limited and its associated
acquiring bank or financial institution reserves
the right to recover the cost of goods, collection
charges and lawyers fees from persons using the
website fraudulently. Fine jewellery India Limited
and its associated acquiring bank or financial
institution reserves the right to initiate legal
proceedings against such persons for fraudulent
use of the website and any other unlawful acts
or acts or omissions in breach of these terms
and conditions.
Copyright And Trademark
Fine Jewellery India Limited and its suppliers
and licensors expressly reserve all intellectual
property rights in all text, products, content
and other materials, which appear on this website.
Access to this website does not confer and shall
not be considered as conferring upon anyone any
license under any of Fine Jewellery India Limited
or any third party's intellectual property rights.
Any use of this website or its contents, including
copying or storing it or them in whole or part,
other than for your own personal, non-commercial
use is prohibited without the permission of Fine
Jewellery India Limited You may not modify, distribute
or copy anything from this website for any purpose.
Nirvana jewellery names and logos and all related
product and service names, design marks and slogans
are the trademarks or service marks of Fine Jewellery
India Limited All other marks are the property
of their respective proprietors. Access to this
website does not authorize anyone to use any name,
logo or mark in any manner. In the event of any
unauthorized use or an attempt to use or claim
any name, logo or mark in any manner by any person,
the same shall be liable for strict action including
an action for damages.
Indemnity
You agree to defend, indemnify and do hereby indemnify
and hold harmless Fine Jewellery India Limited.,
its employees, directors, officers, agents and
their successors and assigns from and against
any and all claims, liabilities, damages, losses,
costs and expenses, including attorney's fees,
caused by or arising out of claims based upon
your actions or inactions, which may result in
any loss or liability to Fine Jewellery India
Limited or any third party including but not limited
to breach of any warranties, representations or
undertakings or in relation to the non-fulfillment
of any of your obligations under this User Agreement
or arising out of your violation of any applicable
laws, regulations including but not limited to
Intellectual Property Rights, payment of statutory
dues and taxes, claim of libel, defamation, violation
of rights of privacy or publicity, loss of service
by other subscribers and infringement of intellectual
property or other rights. This clause shall survive
the expiry or termination of this Agreement.
Waiver
No delay on the part of Fine Jewellery India Limited
in exercising any right or privilege hereunder
shall operate as a waiver thereof, nor shall any
waiver on the part of Fine Jewellery India Limited
of any right or privilege hereunder operate as
a waiver of any other right or privilege hereunder.
Disclaimers And Limitations
Fine Jewellery India Limited tries to ensure that
content included in this website is correct, reputable
and of high quality, however, it does not accept
responsibility if this is not the case. Fine Jewellery
India Limited will not be responsible for any
errors or omissions or for the results obtained
from the use of such information or for any technical
problems you may experience from the products
sold thru this website.
Fine Jewellery India Limited makes no representations
or warranties of any kind, express or implied,
as to the usage of the information, content, products,
included in our website.
This disclaimer constitutes an essential part
of this User Agreement.
Fine Jewellery India Limited will not be liable
for any damages of any kind arising from the use
of this website or any of the products offered,
including but not limited to direct, indirect,
incidental, punitive and consequential damages.
To the fullest extent permitted under applicable
law, Fine Jewellery India Limited shall not be
liable for any indirect, incidental, special,
incidental, consequential or exemplary damages,
including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible
losses arising out of or in connection with our
website, its services or this User Agreement.
Without prejudice to the generality of the section
above, the total liability of Fine Jewellery India
Limited to you for all liabilities arising out
of this Agreement be it in tort or contract is
limited to the value of the product ordered by
you.
Termination
This User Agreement is effective unless and until
terminated by either you or Fine Jewellery India
Limited. You may terminate this User Agreement
at any time by informing us in writing that you
no longer wish to be associated with us thru our
website, provided that you discontinue any further
use of our website. Fine Jewellery India Limited
may terminate this User Agreement at any time
and may do so immediately without notice. Such
termination will be without any liability. Upon
any termination of the User Agreement by either
you or Fine Jewellery India Limited, you must
promptly destroy all materials downloaded from
our website, as well as all copies of such materials,
whether made under the User Agreement or otherwise.
Fine Jewellery India Limited has right to any
such termination of the User Agreement shall not
cancel your obligation to pay for the product
already ordered or affect any liability that may
have arisen under the User Agreement.
Arrsing Of Disputes
Any and all disputes of whatsoever nature arising
out of this Agreement or the use of the website
shall be referred to the sole arbitrator who shall
be appointed by Fine Jewellery India Limited.
The rules of the Arbitration and Conciliation
Act, 1996 shall apply to such proceedings. The
place of Arbitration shall be Mumbai and language
shall be English.