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Terms & Conditions Nirvana Website Online

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.