TERMS & CONDITIONS
ORNAMAAS is a seller of luxury art and costume jewellery in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the website by any User.
GSTN : 07AWIPM7860L1ZV
Your use of this website (ORNAMAAS.com) (hereinafter referred to as the “Website ; “Us” ; “We” ; “Our ”) and its related websites, services and tools. These TERMS AND CONDITIONS are effective upon acceptance and governs the relationship between ORNAMAS Crystals Private Limited, a company incorporated under Companies Act, 1956 having its registered office at K-37 Green Park , New Delhi-110016 (hereinafter the “Company”) including the sale and supply of any Products on the Website. These Terms and conditions only apply for the brand ORNAMAS, trademarked under THE TRADE MARKS ACT, 1999, in class 14 in respect of Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments included in class 14. in the name(s) of ORNAMAS CRYSTALS PVT. LTD. Trading As ORNAMAS Crystals Pvt. Ltd. (Body Incorporate) Manufacturers and Traders whose address is K - 37 Greenpark Gf , New Delhi -110016 who claim (s) to be the proprietor(s) by whom and his (their) predecessor(s) in title the said mark has been continuously used since 03/08/2015 in respect of the said goods or services hereinafter referred to as "ORNAMAS Crystals Pvt Ltd" or "We" or "Us" or "Our" with its grammatical variations and cognate expressions) and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User" with its grammatical variations and cognate expressions) describe the terms on which ORNAMAS offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
. If you visit, use, or shop at the website namely www.ORNAMAAS.COM , you accept these terms and conditions.
- When you visit this website and as a condition of purchase, this website requires your permission to send you administrative and promotional emails such as newsletters,order updates account activity. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences.
- 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 shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change. You are required to create an account in order to purchase any product from the Website. This is required so we can provide you with easy access to print your orders and view your past purchases and update you with the same and any kind of assistance to make your shopping experience a delightful one .
- End User takes responsibility for his or her own actions in utilizing those services.
Products and Services
- Our website provides users with access Jewellery and accessories for men and women that can be purchased at the price mentioned on the website. Discounts will vary upon the promotions during a particularly time period and the registered user will be be able to see on the website as well as will receive newsletters regarding the same .
By using this website , the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. The Company namely ORNAMAS( ORNAMAS CRYSTALS PVT LTD) shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company 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.
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, As a minor if you wish to purchase from this website , you will be guided by your legal guardian or parents who have registered as users of the Website.
Your Registered Account with www.ORNAMAAS.COM
- In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). 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 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 the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. 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.
- Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
Your Information (or any items listed):
- "Your Information" is defined as any information you provide to us or other users of the Website in the registration process, in the feedback area, bulletin board, chat service etc. or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Website we may only act as a passive conduit for your online distribution and publication of Your Information.
We use the latest SSL encryption technology to store and safely transmit your personal and credit card information through our systems. All orders are processed through a secure checkout system. Additionally, for your safety and protection, we will confirm that the billing address you provide matches the address on file with your credit card company.
- ORNA MAS makes certain sections of the Services available to You through the Website only if You have provided ORNAMAAS certain required User information and created an account and a ORNAMAAS ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password of any website or any other Internet service as permitted on the Website (ORNAMAS ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
- In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify ORNAMAAS of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. ORNAMAS cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by ORNAMAAS or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ORNAMAS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ORNAMAS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
- Guest users: The Website also allows limited access to the Services for unregistered Users (also called as â€˜guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, a Guest User will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
- You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to this website (b) is grossly harmful, harassing, blasphemous, defamatory, 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 other proprietary rights (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 nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- The Website may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Website. We are under no obligation to review any messages, information or content (“Postings”) posted on the Website by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the Website and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause;
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Website and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Website.
Colors of the Product
- While we have made every effort to display as accurately as possible the colours of the products that appear on the Website, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
- When You use the Website 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 Website which will be deemed adequate service of notice / electronic record.
License and Website Access
- We grant you a limited license to access and make personal use of the Website and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of 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. You may not bypass any measures used by us to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by us.
- In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, 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 product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
Cancellation by Us
- Please note : We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 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 your credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellations by the User
- 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 . Incase of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. 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.
Payments related Information
Fraudulent /Declined Transactions
- We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently 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 Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website 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 such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
- ORNAMAS as a seller shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- You agree, understand and confirm that the credit card details provided by you for availing of services on the Website 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.
- ORNAMAAS may have existing arrangements with its banks, regarding limits on the amounts Youcan pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. ORNAMAAS will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, ORNAMAS shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the present limit mutually agreed by ORNAMAAS with its bank from time to time.
- For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Yourbank, applicable financial institution and/or card/instrument issuing association may also be applicable to You. Your bank, financial institution or card/instrument issuing association may decline or prevent You from making electronic payments for buying the Products on Website and ORNAMAS does not control the same and shall not be liable for the same.
Payment Facility for Your orders: ORNAMAS may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and Sellers and for collection of ORNAMAS's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. ORNAMAS shall initiate the remittance of the payments made by You for Your purchase orders on the Website as may be agreed between ORNAMAS
Disclaimer of Warranty
- ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKED WEBSITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY US. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT AGAINST US IN ANY CASE WHATSOEVER. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY OTHER THAN US, (B) ANY CONTENT PROVIDED ON LINKED WEBSITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. 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 WEBSITE OR A LINKED WEBSITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE. 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 COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE WEBSITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME.
- You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, 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 documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
- The price of our merchandise 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 collect taxes for shipping charges wherever applicable.
- We endeavour but do not guarantee to deliver the products to Users within 3-4 working days from the day of close of sale depending upon the shipping location. Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by installments. If the goods 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 instalments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
- Please note we insure each purchase 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 fulfilment 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:
(i) unavailability of the relevant product;
(ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
(iii) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Website will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
- The trademarks, logos and service marks ("Marks") displayed on the Website are our property and/or the property of the respective persons. 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. All information and content including any software programs available on or through the website ("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 Website for commercial or public purposes.
- This website contains 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 Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not 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 without the express permission of the Company and the copyright owner is permitted. 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. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such website is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
- In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.
- 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.