Terms and Conditions

INTRODUCTION:

This website is owned and operated by Malana Jewels (hereinafter 'We', 'Malana', 'Malana Jewels', 'The Company' & malanajewels.com). In using the www.malanajewels.com service, belonging to Malana Jewels, you ("You" means the person using www.malanajewels.com) are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms and conditions till the time you access this website. Malana Jewels reserves the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. All rights, including copyright, in this website are owned by Malana Jewels. Any use of this website or its contents, including copying or storing it in whole or part is prohibited without the permission of Malana Jewels.

If you have any queries about these terms & conditions or have any comments or complaints on or about our website, please email us at customercare@malanajewels.com

ELIGIBILITY CRITERIA

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act of 1872 are not eligible to use this Website. If your age is below 18, you are prohibited to use/purchase/contract from/with, this website.

Those who choose to access this website from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.

PRICING AND PAYMENT

Prices throughout the website are quoted in one of the following currencies: Indian Rupees (INR), US Dollars (USD), Great British Pound (GBP), or Euro (EURO). Payment can only be accepted in these currencies.

For International deliveries, additional duties and taxes may be applicable for the ordered items as per your country’s regulations, which will be billed separately to you by the courier company at the time of delivery.

SALES TAX/VAT

Sales tax/VAT in India is 1.2%, and our prices are inclusive of taxes.

ONLINE PAYMENT

All payments on www.malanajewels.com are securely processed. We accept most major credit and debit cards including Visa, MasterCard and American Express via PayPal and Citrus. We also accept bank transfers upon special request. We will ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be advised by e-mail if we are unable to complete your order.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card.

You further agree and undertake to provide the correct and valid credit card details to us. Malana Jewels commits to keeping the information provided by you confidential and assures you that it will not be shared by us with any third parties unless required for fraud investigations or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the responsibility to 'prove otherwise' shall be exclusively on you.

All products and information displayed on www.malanajewels.com constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. Malana Jewels reserve the right to accept or reject your offer in part or in full without assigning any reason thereof. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.

No act or omission of Malana Jewels prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products are handcrafted so there may be some variations in the actual product received.

Packaging of the product may vary from the packaging of the product displayed in the website.

All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fill your order.

Prices on the website are subject to change without notice, depending on the price of raw materials at the time of production. Gold, Silver, Copper, Brass and semi-precious stones are commodities, with market fluctuations beyond our control. Occasionally, a piece will sell, and then be recreated at a later date with a difference in price. This simply reflects the market value of the raw materials, and does not mean that we have increased our mark-up.

DELIVERY SCHEDULE

A tentative delivery time will be given along with the formal order confirmation email. The exact delivery date shall be provided as soon as your order is ready for dispatch.

YOUR OBLIGATIONS

1.      You have to provide true, accurate, current and complete information about yourself as prompted by Malana Jewels’ registration form.

2.      To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Malana Jewels has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this User Agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.

3.      That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Malana Jewels for redelivery shall be claimed from you and you shall pay such cost.

4.      You will provide authentic and true information in all instances where such information is requested of you. Malana Jewels reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Malana Jewels has the right in its sole discretion to reject the registration and debar you from using the Services of www.malanajewels.com and or other affiliated websites without prior notice whatsoever.

5.      That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

6.      That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.

RESTRICTIONS

Malana Jewels reserves the right, at our sole discretion, to limit the quantity/value of the items purchased by you and such restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Malana Jewels reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation,

1.      Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.

2.      Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.

3.      Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mail bombing" or "crashing."

4.      Sending unsolicited emails, including promotions and/or advertising of products or services.

5.      Forging any TCP/IP packet 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. Malana Jewels will investigate occurrences that may involve such violations and may involve, and cooperate 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 site or any activity being conducted on this site. 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 site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).

CANCELLATION BY MALANA JEWELS

There may be certain orders that we are unable to accept and must cancel. Malana Jewels 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 cancelled 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 information or verification/s before accepting any order. We will inform you if the entire order or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reverted back in your card account.

We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/charged. If however the same is charged to your card/bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. Malana Jewels reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.

CANCELLATION AND CHANGES BY CUSTOMERS

If you wish to cancel or modify your order, please send an email to customercare@malanajewels.com. We will make every effort to accommodate your request. However, once an order has been submitted we cannot guarantee the purchase can be cancelled or modified. Once you have received your online order, if it is the incorrect product or found to be damaged please contact us within 3 days of receipt and we will arrange for collection. The customer agrees not to dispute the decision made by Malana Jewels and accept Malana Jewels decision regarding the cancellation.

SIZING

Dimensions displayed on the Malana Jewels website are noted in centimetres and inches. While we try to ensure that all measurements on our website are accurate, errors may occur as each piece is unique. Ring sizing is sometimes a challenge to get perfectly right. A very thick band will feel much tighter than a thin band of the exact same size. When sizing a ring, we make every effort to ensure a perfect fit on the first try. Please choose your ring size carefully.

DISCLAIMER

Malana Jewels owns the copyright to all the contents of this website, including images. All trademarks and other intellectual property are owned or licensed by us (unless otherwise specified).

You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without written consent from us (except as stated below).

You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.

While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colours in our images will be rendered correctly on different computer monitors.

EXTERNAL MATERIAL

You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses.

We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect.

We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.

LINKS

The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.

LIABILITY

We take no responsibility for any loss or damage suffered as a result of our "order online" service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.

CHANGES TO THE SITE DISCLAIMER

We reserve the right to change the Site Disclaimer from time to time. If this happens, we will notify you by posting the updated Site Disclaimer on the website. If you do not wish to be governed by the revised Site Disclaimer, please stop using the website.

This site disclaimer is governed by the law of India, and you and we agree to use the Mumbai jurisdiction if there is any dispute between us. If any part of this Site Disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.

COPYRIGHT & TRADEMARK

Malana Jewels reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. 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 will 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 of the Website or any related software. All software used on this Website is the property of www.malanajewels.com or its suppliers and they are protected by Indian and international copyright laws.

DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Malana Jewels and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners.

TERMINATION

This User Agreement is effective unless and until terminated by either you or www.malanajewels.com. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.

We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to www.malanajewels.com. Upon any termination of the User Agreement by either you or www.malanajewels.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of this User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability against you that may have arisen under the User Agreement.

GOVERNING LAW AND JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.

MODIFICATION OF TERMS AND CONDITIONS OF SERVICE

www.malanajewels.com reserves the right at any time to modify the terms and conditions of this User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on www.malanajewels.com. You should regularly review the User Agreement on www.malanajewels.com. In the event the modified User Agreement is not acceptable to you, you undertake to discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed and accepted to the modified terms and conditions and you undertake to abide by the modified User Agreement.

ARBITRATION

If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

GENERAL

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to Malana Jewels Corporate Office at 12/118 Kansara Chawl, Kalbadevi road, Mumbai-400002 or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

In the Company's sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.) If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.

The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.  

SALE AND PROMOTION

1.      The sale runs till stock lasts. Duration of sale is in the sole discretion of Malana Jewels and it reserves the right to extend or terminate the sale, without further information at any point of time.

2.      The products can be removed/changed/added under the Sale category and the discounted prices can also be changed. It will be in sole discretion of Malana Jewels.

3.      No return or Exchange will be accepted on the sales items. For more details read our returns and exchange policy.

4.      Any refund will only be in form of Coupon Code.

5.      In case of any further query regarding the sale, please email customer care at customercare@malanajewels.com.

6.      Malana Jewels reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and Malana Jewels’ decision in this regard shall be final and requires no intimation to the customer of any sort.

CONTACT INFORMATION

For questions, please contact us at customercare@malanajewels.com or call (+91) 9820302982