Terms and Conditions
Further, you also agree to comply with all the applicable laws, rules and regulations, including but not limited to The Trade Marks Act, 1999 (as subsequently amended), The Copyright (Amendment) Act, 2012 (as subsequently amended). We reserve our right to alter/modify these terms, conditions and policies at any time without any prior notice, effective immediately upon uploading on this website. If you do not agree with these terms, please do not use this website. Should you have any questions about these terms, conditions and policies, please contact us on email@example.com.
“Customer” shall mean any person who accesses this website and wishes to place or who places an order for purchasing any product(s) offered on this website.
“Product” shall mean all the products offered on the website including any and all products by third party designers.
“this Website” shall mean the website www.shop.poonamsoni.com, which is an online shopping platform offering various products including but not limited to jewelry, lifestyle products such as designer sarees, blouses, etc.
“User” shall mean any person who accesses, browses or uses this website. Herein referred to as “the User” or “you”.
The User agrees and acknowledges that this website can be used by individuals who are competent to enter into a binding contract under the Indian Contract Act, 1872 i.e. she/he is - of the age of majority (18 years or above), of sound mind and not disqualified from contracting by any law. If the Customer is a minor and wishes to purchase any product(s), the Customer’s parent or legal guardian must make the purchase. We reserve the right to refuse or terminate the Customer’s access to this website if we discover that the Customer is below the age of majority (i.e. 18 years).
Use of the Website
Poonam Soni Signature Line Pvt. Ltd. owns the copyright, trademark, or any other intellectual property or is permitted to use the same under a license, pertaining to all contents on the website, including but not limited to text, graphics, logos, icons, photographs, images, layouts, designs, artworks, products, etc. The User agrees not to reproduce, copy, modify, download, link to, post, repost, transmit, distribute, display, perform, publish, republish, license, create derivative work from, transfer or sell any content or information or commercially exploit in any other way the content or information, in whole or in part, obtained from this website without our express written consent. There is no transfer of any right, title or interest in such content or material by use of this website. The User may access this website solely for his personal, non-commercial use and agrees not to remove any copyright, trademark or other proprietary notices from any content or material so obtained from this website.
The User represents and warrants that all the information or material submitted on the website are true, accurate and correct. You also agree not to (i) submit any information protected under any patent, trademark, copyright, design, trade secret or any other intellectual property, or otherwise subject to third party proprietary rights including but not limited to privacy and publicity rights, unless you are the owner of such material or have the written consent from the rightful owner to post the material and grant us the right to use such material; (ii) post on this website any false or misleading information or misrepresent any information that would cause any damage either to us or any third part; (iii) submit/post on this website any material that is unlawful, abusive, defamatory, libelous, disparaging, invasive into another’s privacy, threatening, obscene, pornographic, pedophilic, vulgar, “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, harmful, harassing, blasphemous, hateful, violent, racially or ethically offensive/objectionable, relates or encourages money laundering or gambling, encourages conduct that would give rise to any criminal or civil liability, violates any law or is otherwise inappropriate or objectionable; (iv) upload any material containing viruses, Trojan horses, worms, corrupted files or codes or any other file or programs designed to interrupt, impede, limit or destroy the functionality of any computer software or hardware, or spyware and malware designed for phishing and/or to compromise the data security and integrity, and obtain sensitive personal or financial information; (v) impersonate another person.
The User also agrees not to access or use this website in any manner which may be harmful either to the operation of the website or its contents. Further, you agree not to violate or attempt to violate the security of this website, including but not limited to: (i) using any device, software, etc. to interfere or attempt to interfere with the proper function of this website or any transaction being conducted on this website or with any person’s use of this website; (ii) attempting to probe, test or scan the vulnerability of a system or network or to breach the security or authentication measures without proper authorization; (iii) accessing data not intended for you or logging on to a server or account without authorization to access.
The User acknowledges that, for the purposes of maintaining and updating the website, it may not always be possible to ensure its availability at all times.
If the User has created an account with our website, you shall be responsible for promptly updating the information to keep it true, accurate, current and complete as well as maintaining the confidentiality of your User ID and password. You shall be held responsible for all activities occurring under your User ID and password. You agree that if any information provided for creation of your account is discovered to be untrue, inaccurate, not current or incomplete or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete or not as per the Terms and Conditions of use, we, at our sole discretion, have the right to suspend, terminate, block access to your account with our website and refuse access to our website.
When a user provides us their personal information or communicates with us (as way of example, via email), you acknowledge and agree to receive communications through electronic records from us periodically or as and when required. Such communication with you may be via email or any other mode of communication, electronic or other.
We make all reasonable efforts in accurately depicting the products displayed on our website. However, owing to reasons such as monitor colour and display capabilities, the colour of the image of the product may appear slightly different on different monitors/devices and the same is for representation purposes only. Further, the product dimensions and weight are to give an approximate indication of the actual product and hence may slightly vary. Likewise, there may be a small variation in the diamond carat weight. It is also possible that some items appear slightly larger or smaller than the actual size due to screen defaults and/or photography techniques. To enhance Customer experience, some products may be represented at a larger than actual size to clearly show details, while others may be represented at a smaller than actual size in order to display the entire product. Despite our best efforts to maintain accuracy, we cannot take responsibility for any inaccuracies or errors beyond our reasonable control.
Errors in Pricing
We make sure that the correct price is displayed for all the products on our website. However, if a product on our website is deemed to be incorrectly priced we reserve the right to refuse sale of that particular product. Further, in the event of such a pricing error being discovered after the payment has been finalized, we reserve our right to cancel the sale and refund the transaction in full.
Conditions of Sale
The User acknowledges and agrees that the products (including third party products, if any) are offered on this website, at our sole discretion, for a restricted period of time and the availability depends on the supply or until stocks lasts.
The User acknowledges that all the products offered on our website are provided on an “as is” basis without any kind of warranty whatsoever, including without all implied warranties and conditions of merchantability or fitness of a particular purpose, workmanlike effort and non-infringement.
The User acknowledges and agrees that the prices of the products are subjected to change without any prior notice, and can vary from piece to piece and from time to time, as the same is calculated based on various factors including but not limited to the prevailing price of precious metals and gems.
The prices on our website are quoted either in Indian Rupees (INR) or United States Dollars (USD). The payment for products shipped within India can only be made in Indian Rupees (INR). Whereas, the payment for products shipped outside India are accepted through our payment gateway partners as mentioned on the website or by International Debit/Credit cards only and payment will be accepted only in United States Dollar (USD). The currency conversion rates for all such international orders will be according to the prevailing exchange rates on the day of placing the order.
All applicable taxes will be charged on the price of the products. Shipping and handling charges may also be applicable.
The delivery timeline of the products mentioned on this website is indicative and based on the best-effort basis on our part and several other third parties. Despite our best efforts in ensuring the delivery of the product(s) within the timeline so mentioned on our website, the User acknowledges and agrees that we shall not be held responsible for any delay and shall not be liable for any compensation (monetary or otherwise) to the User/Customer.
We reserve the right to put a restriction on the number of items purchased or orders placed via this website by any Customer. Further, we also reserve the right to put an upper limit, in terms of Indian rupees, on the monetary value of the order(s) placed by any Customer on this website. Furthermore, we also reserve our right to put a condition that each and every order placed by a Customer on this website ought to exceed a certain minimum monetary value, in terms of Indian rupees. We will notify the Customer should any such limit or restriction be applied.
We reserve our right at our sole discretion to prohibit sales to any person, User, or Customer as it may deem fit.
If you provide us your email address, we will notify you by email, as soon as possible, receipt of your order. Thereafter, we will confirm dispatch of your order by a subsequent email, which shall constitute acceptance of the order.
Our payment gateway partners help us securely process all the payments on our website. We accept all major Debit and Credit cards including MasterCard, Visa, etc. Other acceptable modes of payment are listed on our website.
Cancellation of Orders by Us
We may be unable to accept certain orders and must cancel the same. We reserve the right, at our sole discretion, to refuse or cancel any orders for any reason, whatsoever. As way of example only and not a limitation, orders may be cancelled for shortage of quantity available in stock, inaccuracies or errors in product or pricing information, any problem identified with the payment of the order. Before accepting any order, we may require additional information or verification. We shall notify you if your order, in whole or part, is cancelled or if any additional information is required for processing your order. If payment has already been processed, the said amount will be reverted to your account.
Content submitted by Users
The User acknowledges and agrees that any information (including but not limited to photographs, names, links, data, questions, comments, suggestions, etc.) uploaded on the website or submitted to us in any manner (including but not limited to e-mail, postcard, letter, voice mail, social media platforms, etc. whether known now or hereafter developed) shall be deemed to be public information provided to us on a non-confidential basis and shall be and remain our property, which may be used in any manner, promotional, commercial or otherwise without any limitation. However, personal information (like the identity, full name, etc.) of the User shall not be used in any such promotional material without your express consent. The User acknowledges and agrees that no compensation (monetary or otherwise) shall be paid with respect to the use of your information.
The User represents and warrants that you own or otherwise are permitted to submit any and all such information and grant us the rights described herein.
Limitation of Liabilities
The User agrees that we shall not be held responsible or liable for any damages or injuries of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, arising from the use of this website or any of the information, software, services and related graphics on this website or any product(s) offered, which may be caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation, transmission, computer virus, act of God, communication line failure, hacking or theft or destruction or unauthorized access to, alteration of, or use of record, or any other cause of action regardless of whether such damages or injuries are based on contract, tort, negligence, strict liability or otherwise.
The User agrees that the entire liability (including those arising from act/omissions of its employees, agents or sub-contractors) to its Customers in respect of any breach of its obligations mentioned herein, or of any representation, statement, tortious act, omission, negligence or deficiency in service or product or of any or all warranties mentioned herein, or in respect of all claims, proceedings, damage, injuries, losses, liabilities, penalties, cost, charges, expenses (including but not limited to legal expenses, court fees, etc) or any consequences or damages whenever arising, irrespective of the number of claims made or the basis of any such claims, shall be limited to the replacement of the product(s) or, at our sole discretion, repayment of the amount paid by the Customer for purchasing the product(s) out of which our liability arose and in no case shall any such liability exceed the amount paid to us by you.
We strive to ensure that the information on our website is accurate and up-to-date. However, despite our best efforts the information, material, products and services on this website may inadvertently include inaccuracies, typographical errors or outdated information. Neither we nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and material found or offered on this website for any particular purpose. The User acknowledges that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Further, we reserve the right to refuse or cancel order at any time, including but not limited to orders containing incorrect pricing or product description possibly due to some typographical error(s), orders in which we believe that the Customer has violated terms and conditions mentioned herein or any applicable law(s), order that we believe are harmful for us or orders that we believe are fraudulent or based on illegal, fraudulent or deceitful use/submission of information or based on false information.
The website may offer products from third party designers as well and all such third party products are the exclusive property of the respective third party designers. It is the sole responsibility of such third party designers to ensure that their designs and products do not infringe or violate any intellectual property rights of any other party. The User agrees not to hold us responsible or liable for any breach or violation of any intellectual property rights by such third party designers.
The User shall be responsible for any third party fee, taxes and/or other charges incurred by you for accessing the website including but not limited to internet charges. Further, we take all reasonable measures to ensure that the website is free from any computer viruses. However, we shall not be liable for any damages to the User’s equipment or device resulting from the use of this website.
The User agrees to indemnify and hold harmless the proprietor of this website and its officers, directors, proprietors, partners, employees, agents, representatives, servants, shareholders, attorneys, accountants, affiliates, successors and assigns, at all times, from and against any and all claims, damages, losses, injuries, liabilities, costs, charges, expenses, demands or actions including but not limited to court fees, litigation expenses, attorney’s fees and accounting fees, made by third party or any penalty imposed due to or as a result, directly or indirectly, of your breach of these terms, conditions and policies or any other violation, on your part, of any law, rules or regulations or the rights of a third party. You must note that this provision shall survive the expiry or termination of these terms and conditions (including other policies).
We may, at our sole discretion, feature links to websites owned, controlled and maintained by third party individuals or entities for various purposes like, as way of example only and not a limitation, to facilitate the Customer to make payment to us. Any such foregoing links are provided only for the convenience of our customers and shall not imply that we sponsor, endorse, are affiliated or associated with such linked websites or any material, products or services available on such linked websites. Such foregoing linked websites are beyond our control and no warranty or representation is made as to their content, material, products or services, and we shall not be responsible for any deficiency thereof. We expressly disclaim responsible and liability for contents of any linked websites, accuracy of any information on such linked websites, the quality of the products and services offered by any such linked websites.
By accessing and using this website you agree, acknowledge and recognize that the sale of any product(s) and/or provision of any service(s) on the website would be subject to these terms, conditions and policies stated herein and shall be governed exclusively by the prevailing laws in India and in the event of any dispute, the same would be subject to the exclusive jurisdiction of the High Court of Bombay at Mumbai, India or its subordinate courts to the exclusion of all other courts.
The Users hereto acknowledge and agree that each of the provisions contained herein shall be severable and in the event one or more of these provision(s) or any part thereof are deemed to be unenforceable, the same shall not affect the validity and/or enforceability of any of the other provision(s) or the remainder of the terms and conditions.
The User agrees that if, owing to any force majeure or any contingency beyond our control, the performance of obligations on our part is prevented, delayed, restricted or interfered with, we shall not be held liable for non-performance. By way of example only but not a limitation, the events falling within this category would include fire, explosion, earthquake, lightning, flood, subsidence, natural calamity, act of God, epidemic, war, insurrection, political unrest, civil disorder, riots, act of terrorism, violence, armed conflict, sanctions, blockade, military operations, emergency (national or local), government order or regulation, acts or omissions of the government, action of any municipal authority or utility provider or other government agencies, lockout or strikes or other concerted acts of workers, industrial disputes or any other acts or events beyond our control. The obligation to perform our part shall arise again on the termination or moderation of the contingency, whereby we are no longer prevented, restricted or interfered with, from performing our obligation.
We reserve our right, in its sole discretion, to change, modify, alter, add or delete portions of this terms, conditions and policies at any time without prior notice to the Users and posting the modified terms, conditions and policies on our website will constitute as sufficient notice as to such modifications. The Users agree to periodically visit the web page containing these terms, conditions and policies to take note of the same.