PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY(“Lil Ballerina Jewels LLP”). BY AGREEING TO THESE TERMS AND CONDITIONS OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND BE A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES OF THE COMPANY. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
DEFINITION
- “Agreement” means this Terms of Service and amendments and revisions hereto;
- “Buyer(s)” shall mean and include any individual or a legal person (including a partnership firm, company or a limited liability partnership) who uses, explores the Website or desires to engage in any business relationship with the Company
- “Content” shall mean and include any information relating to the user of the Website, including any content as offered or provided by the Company on the Website;
- “Order” or “Transaction” shall refer to the order placed by the Buyer to purchase the Products listed by the Company on the Website and shall include the purchase, payment, delivery and other connected matters;
- “Party/party”shall mean and include the Company, Buyer, and any other person who agrees to be bound by this Agreement;
- “Product” shall mean any goods which are being dealt with on this website;
- “Product Information”shall mean and include particulars, specifications, payment details or other information about the Products listed by the Company, particularly with regard to the delivery to be done by the Company and/or any services which shall be or have been performed by the Company in relation with the Products provided by the Company.
- “Service”shall refer to the processing of the Order or Transaction by the Company and shall include delivery of the Products to the Buyer (if any).
- “Store”shall include the online display of the Products or description of the Services of the Company on its official Website.
- “User/user”, “You/you”, “Your/your”means any natural or legal person who browses, accesses or uses the Website;
- “Use/use” or “Using/using”means to browse, access, view, copy, avail Services,
purchase Products or other benefit by using the Website; - “We”, “Seller” “Company”, “us”and“our”means [LIL BALLERINA JEWELS LLP]and its affiliates, officers, employees, agents, partners and licensors. The domain
name www. LilBallerinajewels.COM], an internet based portal, is owned and operated by [LIL BALLERINA JEWELS LLP], a company duly incorporated under the
provisions of the Indian Companies Act, 2013. - “Website” “Site”shall mean[WWW.LILBALLERINAJEWELS.COM]
OVERVIEW & SCOPE OF THE TERMS OF SERVICE
By visiting our Website and/or initiating a Transaction with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services.
Any new features or tools which are added to the current Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting ofany changes constitutes acceptance of those changes
You may access our Website from a computer or a mobile phone, and these Terms shall govern your access and use of our Website. These Terms shall also govern offer, sale, dispatch, exchange, return and refund of services enumerated or sold through the Website or of any Product listed on the Website.
The Website is only to be used by You for personal and non-commercial purposes. Your use of features of the Website shall be governed by these Terms and Conditions along with the Privacy Policy, Shipping Policy and Return and Exchange Policy, as well as any special product or service-related guidelines and terms and conditions listed on the Website as modified and amended from time to time by the Company.
The Website is only to be used by You for personal and non-commercial purposes. Your use of features of the Website shall be governed by these Terms and Conditions along with the Privacy Policy, Shipping Policy and Return and Exchange Policy, as well as any special product or service-related guidelines and terms and conditions listed on the Website as modified and amended from time to time by the Company.
SECTION 1 – TERMS TO USE YOUR ACCOUNT, OUR WEBSITE AND OUR PRODUCTS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the country or state of your residence (For Indian users, the minimum age to access the website is 18 years) and you can legally enter into the contract with the Company as per the provisions of the Indian Contract Act, 1872.
We assume that any minor, if at all, accessing our Website is under the supervision of their guardians. The Company or its associates do not knowingly deal with or collect information from minors.
If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm or loss caused to the Company by any use by you of the Website.
Any information provided by you upon using our Website to browse Products, make purchases, share information with other consumers, contact information or other information provided by you upon purchasing a Product with us, shall be done so at your own risk and the Company shall not be responsible in any manner in this regard. You will be responsible for maintaining the confidentiality of your browser history and restricting access to your computer, and you hereby accept responsibility for all activities undertaken on your IP address while using our Website.
We reserve the right to refuse Service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so.
You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
You also undertake that you will not use our Services or Products (if any) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You warrant that you are not utilising the services nor purchasing the Products for any use for which it is not intended and if so done, the same could be in violation of the provisions of law for which you will be solely responsible and such use shall be solely at your own risks.
A breach or violation of any of the Terms will result in an immediate termination of the Services for you and we will be within our right to take necessary legal action as may be advised.
Security of the Website: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading,
“flooding,” “spamming,” “mail bombing” or “crashing;” - Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Company on this Website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/debit card information and Bank details (if ever collected) is always encrypted during transfer over networks.
You agree not to store for commercial purposes, reproduce, duplicate, copy, sell, resell or exploitany Product, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You are responsible to ensure that your access to this Website is legal in each jurisdiction, in or through which you access or view the Website.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk solely.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products (including discount) are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Mode of payment: Payments for the Products available on the Website may be made in the following ways:
- Credit Cards, Debit Cards, Net Banking,
- Wallets, e-Gift cards, and/or reward points.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
The Company shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disrupted network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between you and the network operator without involving the Company.
Accordingly, the Company shall not be responsible nor shall take liability of whatsoever nature in respect of any monetary loss or damage arising directly or indirectly to you out of the decline of payment due to:
- Lack of authorization for any transaction/s; or
- Exceeding the pre-set limit mutually agreed by you and between your bank; or
- Any payment issues arising out of the transaction;
- The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Payment Gateway or Services in connection
thereto; and/ or - Any interruption or errors in the operation of the Payment Gateway; or
- Decline of transaction for any other reason/s.
Before shipping your Order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, phone number, the same credit or debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or for other commercial purposes, that has not been approved by the Company expressly.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address, contact details, delivery address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you if required.
For more detail, please review our Returns Policy.
SECTION 6 - THIRD-PARTY LINKS
You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Certain content on the Website, Products and services may include materials and services from third-parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
References on the Website 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. This does not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of such third party information, product or service or any association and relationship between the Company and such third parties.
The Company is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such sites or quality or sufficiency of services provided on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. The Company does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Website. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Website.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-partys policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Company will not be liable for any error, mistake, damage committed by third-parties in delivery of the Products of the Company.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organisation.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy. Kindly view our Privacy Policy which has been uploaded separately on the Website.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
We make every attempt to ensure that our online catalogue of Products is as accurate and complete as possible. In order to give you the opportunity to view our Products in great detail, some Products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item.
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or content or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
In the event that a Product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for Product listed at the incorrect price or description. We reserve the right to refuse or cancel any such orders whether the order has been confirmed by receipt and your Bank account is charged or authorized. If your Bank account has already been charged for the purchase and your order is cancelled, we shall issue a credit to your customer account in the amount of the payment already made.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any applicable laws, rules, regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of, the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We also do not warrant that the results that may be obtained from the use of our Product or Services will be accurate or reliable. You agree that from time to time we may remove the Products (if displayed) for indefinite periods of time or cancel the orders at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Products is at your sole risk. The Products delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products procured using the Website, or for any other claim related in any way to your use of the Website or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or Product) posted, transmitted, or otherwise made available, even if advised of their possibility. In the event a state or jurisdiction may not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, group companies, affiliates, partners, officers, directors, agents, contractors, licensors, servicemproviders, subcontractors, suppliers, interns and employees from any claim or demand, includingmreasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You cannot terminate these Terms of Service after you have entered into a Transaction with us. In the event you have purchased our Products or Services, such Products or Services shall for all times be governed by these Terms, as amended from time to time. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Product.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SECTION 15 - ENTIRE AGREEMENT
The failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and governs your transaction with us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services and Products (if any) shall be governed by and construed in accordance with the laws of India and the courts in Mumbai, Maharashtra shall have jurisdiction in respect of any dispute, disagreement between you and us or as regards the interpretation of these Terms or any part hereof.
Without prejudice to the clause above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending adjudication.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [info@lilballerinajewels.com]. However, we are under no obligation to respond to the same.
SECTION 19 – NOTICE
Company may deliver notice to you by means of e-mail on your email account shared with Company by you or a general notice on its Website, or by other reliable method to the address you have provided to Company.
SECTION 20 –INTELLECTUAL PROPERTY RIGHTS - COPYRIGHTS & TRADEMARK
The name [LIL BALLERINA JEWELS] and its logo and all related Products and Service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of the Company. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any Marks in any manner. Marks displayed, whether registered or unregistered, of the Company are the intellectual property of the Company, and the Company shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
The Company and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of the Company and are protected by the applicable copyright laws and International treaties. Consequently, the materials on this Website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial 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, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, 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 shall not download or copy the Contents and other downloadable materials displayed on the Platform except for your personal use. We also grant you a limited, revocable, non-transferable, and non- exclusive license to create a hyperlink to the home page of the Website & Application for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the contents on this Website especially for commercial purposes is strictly prohibited. Unless the Company explicitly provides to the contrary, all contents are subject to copyright, trademark, trade dress and/or other intellectual property owned, controlled or licensed by the Company or any of its affiliates and are protected by applicable copyright laws and international treaties.
The collective work includes work that is licensed to the Company. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of engaging into a transaction with the Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
All trademarks, service marks and trade names of Company used in the Website are trademarks or registered trademarks of Company.
SECTION 21 – MISCELLANEOUS
Your use of this Website shall be governed in all respects by the laws of India. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Company Products) shall be in the courts of Mumbai, Maharashtra.Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Products) must be commenced within one (1) month after the claim or cause of action arises. Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions. Company may assign its rights
and duties under this Agreement to any party at any time without notice to you.
SECTION 22 - PARTICIPATION DISCLAIMER
Company does not and cannot review all communications and materials posted to or created by users accessing the Website, and the Company is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.
You hereby give the Company unfettered right and entitlement to use any user content or interactive content including testimonials, feedback, reviews etc. posted by you on the Website to use the same for internal quality and training purposes as well as for use thereof to market or advertise the Company or any of its Services or Products. The Company may anonymise your personal data or use the details provided by you in such content for its marketing or advertisement purposes. This right will be in addition to the terms and conditions contained in the Privacy Policy of the Website and will be without prejudice to the same.
SECTION 23 - INTERNATIONAL APPLICABILITY
We would like to clarify that while Services are provided by us only within India, this cannot by itself be a defence against application of these Terms to Website Users outside India. All Terms herein shall, to the extent applicable, apply to Users irrespective of their country of origin or country from where the Website is accessed. The Terms will apply in full if the Users outside India place an order OR initiate a transaction within India. Notwithstanding the above, this Website is not for use by individuals who are citizens of the European Union and in particular of countries where the GDPR or regulations similar to the GDPR are applicable. If you belong to the aforementioned category, you should not use this Website for any purpose whatsoever and in the event you choose to proceed with a Transaction on this Website including surfing the Website, you do so by waiving all your rights and entitlements under the GDPR or any allied or similar provisions in law.
SECTION 24 – EXCHANGE AND CANCELLATION POLICY
The exchange of any Product is to the absolute discretion of Company and Company’s decision in this regard is final. Company will consider each exchange application on its own merits and background and decide the course of action. However, customized products cannot be returned under any circumstances, it will
only be applicable for repair.
If an exchange is necessary, we have a [5] Day Exchange Policy starting on the receiving date of every package shipped. All exchanged products must be in merchantable/selling condition and with the original packaging material included. If the item has been resized, altered in any way, used or scratched or has in any manner deteriorated from its original condition, we will not be in a position to initiate an exchange and will be rejecting any request in this regard. Without prejudice to the generality of the foregoing, it is clarified that exchange of any Product shall be accepted by the Company only in the event the Product when received by you was (i) faulty, (ii) damaged, (iii) does not match the description of Product ordered. Apart from the above, no other reason for exchange of the Product shall be entertained by the Company. Further, the decision whether the Product sought to be exchanged is in fact faulty, damaged, not working or does not match the description, shall be solely of the Company and you agree to be bound by the same. In the event, you raise an exchange request within the aforesaid (5) five days, our representative shall attend the address given by you in the request application for inspection of the Product sought to be exchanged by you. The decision of our representative, post inspection of the Product, to accept or exchange the Product sought to be returned by you shall be final in this regard.
In the event our representative accepts the exchange of the Product, you will then return the Product along with the original packaging material and the invoice for the Product. Failing any of the above, we reserve our right to exchange the Product. The process of exchange of money to your bank account (from which the purchase was executed) shall take about 2-3 weeks. Also, products sold on any discount offer cannot be returned.
In the event a Buyer makes 3 or more complaints for exchange of Product on the ground of mismatch or damaged Product or otherwise, the Company may after an internal inquiry, in its sole and absolute discretion debar/block the said Purchaser from making any further Transactions on the Platform.
If after placing an order, you would like to cancel it, please contact us as soon as possible and in any event within 24 hours from placing the order. Note that once your order has been processed or shipped, we will not be able to cancel it and the same would fall in the domain of return/refund of Product which shall be governed by the provisions of foregoing Clauses.
In case of genuine exchange or cancellations which are accepted by the Company, since all Orders on the Website are prepaid Orders, money will be returned to the bank account/ credit/debit card from where the payment was originally made by you.
SECTION 25 - FORCE MAJEURE
Company shall not be liable to the User or be deemed to be in breach of any agreement by reason of any delay in performing or any failure to perform any of its obligations if the delay or failure was due to any cause beyond Company’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond reasonable control:
- Pandemic, Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- Import or export regulations or embargoes or delay in global supply chain ;
- Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
- Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- Power failure or breakdown in machinery.
Upon the happening of any one of the events mentioned above Company may at its option:-
- Fully or partially suspend delivery(if any)/performance while such event or circumstances continues;
- Terminate any Contract/Order so affected with immediate effect with or without a written notice to the Buyer and Company shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
SECTION 26 –DISCLAIMER
YOU USE OUR WEBSITE AND SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR PRODUCTS/SERVICES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENT TO THAT EXTENT.
SECTION 27- PASSWORD & SAFETY
If you use the Website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends, employees, partners, Agents or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and that any dispute arising out of any misuse of your account, whether by any family member, friend, relative, Agent, employee, partner or any third party or otherwise, shall not be raised by you and the same shall be entirely at your risks and shall not be entertained by the Company nor shall the Company be responsible for the same in any manner. Because of this, we strongly recommend that you log out from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
SECTION 28 – SHIPPING POLICY
If you use the Website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends, employees, partners, Agents or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and that any dispute arising out of any misuse of your account, whether by any family member, friend, relative, Agent, employee, partner or any third party or otherwise, shall not be raised by you and the same shall be entirely at your risks and shall not be entertained by the Company nor shall the Company be responsible for the same in any manner. Because of this, we strongly recommend that you log out from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
SECTION 29 - GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: Saloni Jhaveri
Designation: Customs Grievance Officer
Address:
LIL BALLERINA JEWELS LLP
27, New Queens Road, Dreamland Building, Opera House, Mumbai – 400004.
Email: info@lilballerinajewels.com
Phone: +91 9829185150
Time: Mon – Fri (11:00 AM – 05:00 PM).
If you have any questions regarding these Terms and Conditions, please email us at info@lilballerinajewels.com
