TERMS AND CONDITIONS
The website hosted at the domain www.jadecouture.com, together with all its sub-sites, services and tools provided and used thereon (hereinafter, together referred to as “site” or “Jadecouture.com”) are owned, operated and maintained by JADE Lifestyles India, having its offices at JADE Lifestyles India (hereinafter referred to as “Jade”).
The site allows visiting users to browse, select and purchase clothing and other accessories and items displayed thereon from time to time (“Products”) in accordance with and subject to the terms and conditions set out below.
All Users visiting and accessing the site are advised to carefully read these terms and conditions before further accessing or using the site.
These "Terms and Conditions" constitute an electronic record within the meaning of the Information Technology Act, 2000 and other applicable laws and is generated by a computer system and does not require any physical or digital signatures. These Terms and Conditions are effective and binding on you upon your use and access of the site and govern the relationship between you and Jade, including the terms of registration, sale and supply of any Products purchased by the Users on the site.
To read the complete terms and conditions, please see below:
Reviews and Comments
License and site access
Third Party Vendors
Cancellations by Users
Fraudulent /Declined Transactions
Credit Card Details
Disclaimer of Warranty
Limitation of Liability
- Through the site we provide the Users with access to various Products which can be directly purchased by the Users at the prices mentioned on the site.
- This Agreement sets forth the terms and conditions that apply to the access and use of the site by the Users. By using this site, the Users agrees to comply with all of the Terms and Conditions contained herein.
- The right to use the site is personal to the Users accessing this site and is not transferable to any other person or entity. The Users shall be responsible for protecting the confidentiality of their personal information submitted over the site and their password(s), if any.
- The Users acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Jade, and the Jade shall not be responsible for any data lost while transmitting information on the internet. While it is the Jade’s objective to make the site accessible 24 hours per day, 7 days per week, the site may be unavailable from time to time for any reason including, without limitation, routine maintenance , internet connectivity, server and information upgrades, etc. the Users understand and acknowledge that due to circumstances both within and outside of the control of the CompanyJade, access to the site may be interrupted, suspended or terminated from time to time. The Jade shall have the right at any time to change or discontinue any aspect or feature of the site, including, but not limited to, content, material available over the site, hours of availability or equipment needed for access or use. Further, the Jade may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
- Membership Eligibility
- Access and use of site is available only to such Users who can form legally binding contracts under the provisions of the Indian Contract Act, 1872 as modified or amended from time to time. Users who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable laws, including minors, un-discharged insolvents etc. are not eligible to use or access the site any further. If you are a minor, i.e, under the age of 18 years, you shall not register as a member of the site and shall not sell, purchase or bid for any itemsProducts on the site. As a minor if you wish to purchase Product on the site such purchase may be made by your legal guardian or parents who have registered as users of the site. We reserve the right to terminate your membership and refuse to provide you with access to the site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- User Account
- By accessing and using the site any further, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services hereunder pursuant the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form. (and/or any information provided by linkage through any third party networking, such as Facebook, Google+, etc.) and/or any information required in connection with any purchase made by you over the site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve our right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof), without liability.
- If you access and use the site any further, you are responsible for maintaining the confidentiality of your account information and password, including cases when it is being used for the benefit of or by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by Jade. Because of this, we strongly recommend that you securely “LOG OUT” from your account with the site at the end of each session of your use of the site. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
- By placing an order over the site, you make an offer to us to purchase products you have selected based on standard site restrictions, merchant specific restrictions, and on the terms and conditions stated below. You are required to create an account in order to purchase any product from the site. This is required so we can provide you with easy access to print your order details, invoices and view your past purchases.
- You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and inform us immediately if you have any reasons to believe that your password may have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details provided by you to us are correct and complete at all times and you should inform us immediately of any changes to the information that you have provided at the time of registering with the site. You can access and update much of the information that you have provided to us in the Your Account area of the site. We reserve our right to refuse access to the site or terminate your account or remove or edit content at any time without prior notice.Access to and use of password protected and/or secure areas of the site is restricted to authorized usersUsers only. Unauthorized individualsUsers attempting to gain unauthorized access theseto such areas of the site that requires registration with the site may be subject to prosecution.
- Access to and use of password protected and/or secure areas of the site is restricted to authorized Users only.Users attempting to gain unauthorized access to such areas of the site that requires registration with the site may be subject to prosecution.
- YourWhen you visit the site or send e-mails to us, you are communicating with us electronically. You will be required to enter a valid phone number while placing an order on the site. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS. We may communicate with you by e-mail, SMS, phone call or by posting notices on the site or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order(s).
- User Information
- "Your Information" is defined as any information that you provide to us or other users of the site in the registration process, purchase, return or refund process, feedback area, product comments, seller or product review section, bulletin board, chat service, etc. or through any e-mail feature provided by the site from time to time. You are solely responsible for accuracy and safety of all Your Information and in accordance with certain features of the site we may only act as a passive conduit for your online distribution and publication of Your Information.
- Please note that pursuant to the Information Technology (Intermediaries guidelines) Rules 2011 issued under the Information Technology (Intermediaries guidelines) Act, 2000, in case of non-compliance with any applicable rules and regulations concerning the access or usage of intermediary computer resource, the Intermediary (as defined under the Information Technology Act, 2000) has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
- You covenant not host, display, upload, modify, publish, transmit, update or share any information, comment or share/list(s) any information or item over the site in any manner that: (a) belongs to another person and to which you do not have right to use or disseminate or share with third parties; (b) is grossly harmful, harassing, blasphemous, defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or any other third party proprietary rights, anywhere in the world, (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other person, entity, group or nation; (j) create or incur any liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers, digital or otherwise;
- The site may provide Users with the ability to send emails or other messages to other Users and non-users though use or third party applications or networks, digital or otherwise, and also to post messages on the site or third party applications or networks, including digital networks. We are under no obligation to review any messages, information or content (“Postings”) posted on the site by the Users from time to time and assume no responsibility or liability for or relating to any such Postings. Notwithstanding the above, we may, from time to time, monitor the Postings on the site and may at our sole discretion and option and without any liability to any person, decline to accept and/or remove any email or Postings that in our sole opinion violate the provisions contained herein, including upon receipt of any complaint or notice or intimation from any third party in connection with the same.
- Reviews and Comments
- As a user of the site, you may post your reviews and comments for the Products; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In the event any User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, we reserves our right to remove, refuse, delete or edit any content that in our sole opinion violates these Terms and/or terminate your right to further access or use the site.
- The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.including any charges by third party service providers for facilitating the Users to access and use the site, including for purchase of any Products over the site. Jade shall not be liable for any damages to the User's equipment resulting from the use of the site.
- While we have made every effort to display as accurately as possible the colors and appearance of the Products that appear on the site, however, we do not guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors and screens of electronic devices vary.
- Electronic Communications
- When You use the site or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our site which will be deemed adequate service of notice / electronic record.
- As a condition of purchase of any Products from the site, the site deems to have your permission to send you administrative and promotional emails and/or SMS/MMS at the contact details provided by you, unless you specifically revoke or alter your preferences concerning your authorization to receive any promotional information. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers on the site from time to time. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our promotional email messages or update your preferences in your accounts page over the site. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to changes at the sole discretion and option of Jade and Jade owes no responsibility to provide you any information regarding such change.
- License and site access
- We grant you a limited license to access and make personal use of the site and the service provided therefrom but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- This license does not include any downloading or copying of account or product information for the benefit of another vendor or any other third party or for any form of unauthorized commercial or resale activity; any collection and use of any product listings, descriptions, or prices; caching, unauthorized hypertext links to the site and the framing of any content available through or over the site; uploading, posting, or transmitting any content that you do not have a right to make available or share with or distribute to third parties; uploading, posting, or transmitting any material that contains viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the site or any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
- The site or any portion thereof, including but not limited to any copyrighted material, trademarks, or other proprietary information contained thereon, may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
- You shall not bypass any measures used by us to prevent or restrict access to the site. Any unauthorized use by you shall terminate the permission or license granted to you by us to access and use the site and the services provided thereon.
- The site or third parties may provide links to other World Wide Web sites or resources or products or services offerings, digital or otherwise, which shall be distinctly identified as such. Because we have no control over such third party websites or resources or offerings, you acknowledge and agree that we are not responsible for the accuracy of the contents or information provided for the same or the availability of such external sites or resources or offerings, and do not endorse and are in no manner responsible or liable for any content, advertising, products or other materials or information on or available from such third party websites or resources or offerings. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused to you by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or resources or offerings.
- Pricing Information
- Jade strives to provide you with the best prices possible on the Products and/or services you buy/subscribe from Jade, however, Jade does not guarantee that the price will be the lowest in the city, region or geography or with any other retailer or services provider, digital or otherwise. The prices and availability of the Products are subject to change from time to time without any prior notice. The prices of the Products mentioned on the site are not subject to comparison with prices offered previously at any point in time, or with the same or similar product(s) and/or service(s) available for sale through any online or offline sale channels and the Users are advised to use their discretion prior to completing purchase of any of the Products over the site. The pricing of the Products is subject to our internal pricing policy (as modified from time to time) and the prices shall be determined at our sole and absolute discretion.
- While Jade strive to provide accurate Product and pricing information, pricing or typographical errors may occur from time to time. In the event that a Product is listed at an incorrect price or with incorrect information as per our records, due to an error in display of pricing or product information by us, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- We will have the right to modify the price of the Products prior to completion of the purchase of the concerned Product by the User and shall contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration
- In case of unavailability of sufficient quantities of the Product(s) purchased by any of the User(s), we reserve our right to cancel any such order(s) we shall immediately notify the concerned User(s) of such cancellation(s) and immediately process the refund(s) (in case payments have already been made by the Users) for such cancelled order(s).
- In the
event that we accept your order the same shall be debited to your account from you choose to make the payment. The payment may be processed prior to our dispatch of the Product that you have ordered. If we have to cancel the order prior to delivery of the Products for any reason, including for unavailability of sufficient quantities of the purchased Products, after we have processed the payment, the said amount will be reversed back to your payment account.
- Third Party Vendors
- Jade may, at any time in future, permit other third party vendors to list and offer their products/services for sale over the site. For all such third party products or service offerings over the site, at any time in future, you will also be subject to any guidelines and/or conditions of sale as may be specified to be applicable to such service or third party vendors.
- All commercial/contractual terms will be offered by and agreed to between the Users and such third party vendors alone for sale and purchase of such third party products/services, including without limitation, terms concerning prices, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Jade will not have any control or shall not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and the third party vendors.
- Jade shall not take any responsibility for the services or products that may be sold or supplied by third party vendors. Jade shall not make any warranty to the Users purchasing their products and/or services for the quality, safety, usability, or other aspect of a product or service that is supplied by a third party merchant and for such third party products or services Jade shall not take any responsibility for the quality of the products or service or activity being offered by third party vendors and the Users purchasing/subscribing such products or services shall be fully and solely responsible for their actions in purchasing such products or utilizing those services.
- Please note that there may be certain orders that we are unable to accept and must cancel. 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 cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the Product. 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 cancelled or if additional information is required to accept your order. If your order is cancelled after have been charged, the said amount will be reversed back in your Card Account and Jade shall not be liable for any other claims or losses, including any indirect losses.
- Cancellations by Users
- In case of requests for order cancellations by the Users, we reserve the right to accept or reject requests for order cancellations fat our sole discretion and option and subject to the status of the delivery of the ordered Product(s). As part of usual business practice, if we receive a cancellation notice from a User and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
- Cancellation Online. In order to cancel any Products(s) in your order, please follow the following steps:
Log into your account over the site and go to the ‘MY ORDERS’ page;
Identify the Product(s) you wish to cancel and click on the ‘VIEW DETAILS’ link for the corresponding order placed by you;
In the detailed order page, you will see ‘CANCEL’ links against each of the Product(s) in the particular order;
Click on the ‘CANCEL’ link for the Product(s) for you wish to cancel the order, indicate the reason for such cancellation request and choose a mode of refund and confirm cancellation;
Once your cancellation request is created, we will ensure that the cancellation is processed at the earliest.
- Once you request the cancellation of any Product(s) in your order, it will take us a maximum of 1-2 business days to cancel the order and initiate a refund and we will notify to you the confirmation of your cancellation request by email. In order to confirm cancellation of Product(s) in your order, you need to indicate your refund preference, by opting for any of the following options:
Store Credit – You may choose to get an equivalent amount of Jade store credit in your online account over the site, which shall be reflected immediate upon confirmation of your cancellation request; or
Back to Source – In case you choose to seek a refund back to your banking payment account, the money will be refunded back to the payment mode/account that was originally used to make the transaction.
- Once you have requested the cancellation of any Product(s) in your order, Jade will complete the cancellation and initiate the refund, depending on your preference.
- Please note that in case you choose to the transfer of your cancellation amount back to the source of transaction, it may take up to 7-10 business days for the respective banks/credit card issuing agency to process the refund in your banking account and we request you to please get in touch with your corresponding bank to check the status of the credit of the amount back to your account.
- If the order status for the concerned Product in your order is reflected as ‘SHIPPED’, we will process your cancellation request directly with our logistics partner. Your refund will be processed soon after we receive the cancelled Product back from the courier.
- Please note that the ‘CANCEL’ link shall be disabled against any Product(s) that have been ordered by you in case where (a) the concerned Product has already been delivered to you; or (b) the concerned Product has been shipped together with another order of yours; or (c) the Product ordered is non-refundable/returnable Product. In case if the concerned Product has already been delivered to you you can create an exchange/return request following the procedure in our Return Policy and in any other case, please get in touch with our customer support for more information.
- Fraudulent /Declined Transactions
- Please note that we undertake considerable effort in making the Products available for purchase over the site and the same are offered to Users solely for their use and consumption and not for any further sale to any person. We may constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. , including any recurring or bulk orders that may be used for further sold to third parties. We shall not offer any support or refunds or replacements for any Products in absence of any valid invoice confirming the purchase of the concerned Product by the purchaser directly form Jade through the site and not in any other case.
- Users with more than one account or availing our services fraudulently, including for further commercial sales, shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete/suspend any such account and dishonour all past and pending orders without any further liability thereto. For the purpose of this clause, we shall owe no liability for any refunds.
- 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. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications 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 onus to 'prove otherwise' shall be exclusively on you. [WG COMMENT: Please confirm if you will be accepting payments through other payment channels and if there will be separate payment terms for the same.]
- Disclaimer of Warranty
- This site and all the information/materials (including but not limited to software) and Products, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing together with the concerned Product and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose. Without prejudice to the forgoing, we do not warrant that this site will be constantly available, or available at all; or that all the information available on the site shall at all times be complete, true, accurate or non-misleading.
- You acknowledge and undertake that you are accessing the services on the site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the site. We do not warrant that this site or the information, content, materials, Product included on or otherwise made available to you through the site; or any electronic communication sent by us are accurate or free of errors at all times.
- WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN US, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE JADE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF PRODUCTS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE SITE FROM TIME TO TIME.
- You shall to the fullest extent indemnify and hold harmless the Jade, its affiliates, and their respective officers, directors, shareholders, partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the terms/policies/documents it incorporates by reference, or your violation of any applicable law, rules or regulations or the rights of a third party.
- The price of our Products is inclusive of the VAT. The VAT charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to separately collect taxes for shipping charges wherever applicable. [WG COMMENT: please confirm the provisions concerning taxes]
- We endeavor but do not guarantee to deliver the Products to Users within estimated time indicated on the concerned Product page which estimated time is dependent on the shipping location, as well as nature of the Product ordered.
- Sale and delivery of the Products in different locations is governed by applicable state laws of the delivery location and if We are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to you.
- The delivery of the Product ordered is also subject to any delays in delivery through the courier partner, transporters’ strike, etc. We reserve the right to make delivery of the goods by Products in separate installments. If the Products are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the Products, we may at our discretion charge you for the additional shipping cost.
- Please note we insure each purchased Product during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
- Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
In the event of any circumstance(s) as aforementioned;, you shall not be entitled to any damages or monetary compensation.
- Unavailability of the relevant Product;
- poor/improper/defective quality of the relevant Product ascertained through our quality audit process; and
- inaccuracies or errors in Product or pricing information.
- In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your online payment account, the amount paid by you while placing the order(s) on the site will be reversed back in your concerned online payment account.
- The trademarks, logos and service marks ("Marks") displayed on the site are either our property and/or the property of the respective persons, identified thereon together with the relevant Marks. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks.
- Marks that are located within or on the site or a website otherwise owned or operated in conjunction with Jade shall not be deemed to be in the public domain but rather the exclusive property of Jade, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Jade, unless otherwise stated.
- All information and content over the site, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any software programs and Product information available on or through the site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the site for any commercial or public purposes, without our prior written consent.
- The site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Jade protected by copyright as a collective work under the applicable copyright laws. The Jade owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users are not permitted modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express written permission of the CompanyJade and the respective copyright owner. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
- None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Jade and you shall have no authority to bind Jade in any manner whatsoever.
- Except as explicitly stated otherwise, any notices shall be given by postal mail to Jade at JADE Lifestyles India or to the email address you provide to us during the registration process in your case of notice to the Users. 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 by you 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 Jade’s sole discretion, it may transfer its rights and obligations under this Agreement without your prior consent.
- We may terminate this Agreement at any time. Without limiting the foregoing, the Jade 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 Jade, 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
- Governing Law
- be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the competent courts at Mumbai.