Terms & Condition

Terms & Conditions

Welcome to our website www.havyajewels.com operated by Havya Jewels LLP (“We” or “Us” or “Our” or “Company”). Our registered office is located at 5-8-326, Public Garden Road, Nampally, Hyderabad, 500001.

We are an online and offline Multi-Designer Jewellery House for gold jewellery, silver jewellery and even fashion jewellery. Currently, only our silver and fashion jewellery collections are available for sale on our e-commerce platform and exclusive store in Hyderabad. To shop our gold jewellery collection, contact us or visit our store in Hyderabad. Please book an appointment a day before you plan on visiting us. We also custom-make gold jewellery according to your requirements and budget.

 

You (“You” or “End User” or “User” or “Your” or “Buyer” or “Customer”) are required to read these Terms and Conditions (“Terms”) carefully since your use of www.havyajewels.com (“Site”) implies knowledge, understanding and acceptance of all points under these Terms. These Terms become effective upon your use of the Site and governs the relationship between you and us. If these Terms conflict with any other document, these Terms will prevail for the purposes of usage of the Site. If you do not agree to be bound by these Terms, you may not use the Site in any way.

These Terms, as modified or amended from time to time, form a binding contract between us and you. If you visit, browse, or shop at the Site, it is considered as “use of this Site”. In addition, when you use any current or future services of the Company or visit or purchase from any business affiliated with the Company, you will also be subject to the guidelines and conditions applicable to such service or merchant.

As a condition of using the Site, the Site requires your permission to send you administrative and promotional emails or messages. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. Please see our Privacy Policy for details. You can opt out of our promotional emails anytime by writing to us at info@havyajewels.com. The offers made in those promotional emails or messages 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. By placing an order, you make an offer to us to purchase products you have selected based on standard Site conditions, merchant specific conditions, 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/view your orders and your past purchases.

The Site/Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company provides no warranty to the End Users for the quality, safety, usability, or other aspects of a product or service that is supplied by a third party vendor and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing those services.

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 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. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time.

The Company shall have the right to change or discontinue any aspect or feature of the Site at any time, 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 that may change or eliminate any transmission method or may change transmission speeds or other signal characteristics.

Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 being persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872. This also means minors are not eligible to use the Site. 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 purchase any items on the Site. As a minor if you wish to purchase an item on the Site such purchase or sale 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.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’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 Site (or any portion thereof). If you use the Site, 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 Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 “Your Information” is defined as any information you provide to us or other users of the Site in the registration process, in Google Reviews, WhatsApp or other chat service provided on the Site, etc. or through any e-mail feature. You are solely responsible for your Information, and in accordance with certain features of the Site, we may only act as a passive conduit for online distribution and publication of your Information.

The text in the following paragraphs is inserted in accordance with the Information Technology Act, 2000 and the rules framed thereunder. Please note that in accordance with the Information Technology Act, 2000 and the rules framed thereunder, in case of non-compliance with rules and regulations, agreement and privacy policy for access or usage of intermediary computer resource, the intermediary 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 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 another person and to which you do not have any right; (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 whatsoever; (c) harms 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; and/or (j) creates liability for us or causes us to lose (in whole or in part) the services of our internet service providers (ISPs) or other suppliers.

Solely to enable us to use the information you supply us with, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use your Information, in any media now known or not currently known, in accordance with these Terms and/or our Privacy Policy.

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. The Company 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 the colours of the products on the Site as accurately as possible, 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. Even finished products could have minimal colour variations during the production run, or in subsequent manufacture. You acknowledge that actual colours may slightly vary from colours displayed at the time of placing the order. No cancellations or returns shall be permitted on account of such minor colour variance.

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/SMS/call/WhatsApp or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

While we may invite or allow Users to provide the Company with feedbacks, comments or even suggestions either on the Site or via emails/messages etc., these comments, feedback or suggestions should not be contradictory to these Terms or be in violation of any applicable laws.

We reserve the right to delete or block any message/email which is in violation of these Terms or applicable law. Further, the Company also reserves the right to suspend or deny your access to the Site in such a scenario.

Any messages/emails with feedback, comments or suggestions shared by you become the property of the Company and you may not claim intellectual property protection on such ideas. This implies, the Company reserves the right to exclusively use such feedback, comments and/or suggestions shared by you.

We grant you a limited license to access and make personal use of the Site and our services. This license does not include any right of downloading or copying of account information or content for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, 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 Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.

The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. 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 by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

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, COD not being available at your pincode (if you opt for COD while placing an order), inaccuracies or errors in product or pricing information, or any defect in 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 your payment is processed, the amount paid will be reversed back to your account within 5 to 7 working days of receiving your bank account details for reversal of monies paid. No cash refund will be done at any point of time. In case of payments made via an online mode, you will opt for a chargeback only if we have been unable to reverse your monies to your account within the timeline set out herein.

In case of requests for order cancellations, we reserve the right to accept or reject such requests with. You may cancel the order till the ‘Cancel’ button is active. If your order is duly cancelled, the amount paid by you will be reversed to your account within 5 to 7 working days of receiving your bank account details for such reversal. We cannot process a cash refund under any circumstances.

We offer customizations for gold jewellery only. Please WhatsApp us on +91 83745 72324 for more details. We do not provide customizations for silver or fashion jewellery products.

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 lawyer’s 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. In the event of detection of any fraudulent transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an 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.

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.

All content, products, and services on the Site, or obtained from a website to which the Site is linked (a “linked site”) 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/brand of such product and not by us. Any claim in relation to the same should be raised against the respective manufacturer/brand 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 Site by any party other than us, (b) any content provided on linked sites, or (c) the capabilities or reliability of any product or service obtained from a linked site. 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.

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 Site, sale and supply of goods/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 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 these Terms, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

In the event there is a breach by the User of these Terms, and no action is taken by us against the same, we are still entitled to exercise our rights and remedies in any other situation where a breach occurs by the User. No waiver by the Company of any term or condition of these Terms, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of these Terms on any future occasion. Unless provided in specific writing and signed duly by the authorized official of the Company, we shall not be deemed to have waived any rights or remedies provided to us by the law or the terms of these Terms.

The price of our merchandise and services is inclusive of taxes. The taxes 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.

For shipping outside India, please WhatsApp us on +91 83745 72324

For Cash on Delivery (COD) orders, we only collect the amount printed on the invoice

Cash on Delivery (COD) may not be applicable on all pin codes

Only Indian currency will be accepted (except denominations no longer in circulation by the government)

We endeavour but do not guarantee to deliver the products to Users within the timeline provided while accepting an order. We work with different type of suppliers (manufacturers, designers, distributors, importers etc.) and the delivery time to Users is subject to delivery of products from supplier to us.

Delivery of a product may be delayed due to many reasons including bad weather, flight delay, political disruptions, other unforeseen circumstances, production issues, operational/logistics issues.

The Company shall not be held liable for any delay due to unforeseen circumstances like the ones as suggested above and you will not be entitled to any damages or monetary compensation on account of delays.

In the event of any delay of the product is expected, we may, at our sole discretion, intimate the User who may have purchased the same, regarding such delay.

In case a customer purchases multiple Products in one order, we may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant designers and brands. 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 installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping.

If you are unavailable at a certain date, you must indicate the same and any preference on email/phone to us to ensure smooth product delivery. Once out for delivery, it will be attempted for a maximum of 3 times post which the order may be subject to cancellation.

Products will not be handed over by the courier before the payment is made and returns /cancellation will have to be raised separately with us. For international deliveries, please WhatsApp us on +91 83745 72324. We do not necessarily require a signature for goods delivered, at the point of delivery itself, responsibility for your purchased goods passes to you. 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 confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following: unavailability of the relevant product; failure of the concerned manufacturer/supplier/designer/importer to deliver the relevant product to us; 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 of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation

In case of the emergence of an event, which is beyond our reasonable control or which could not have been foreseen under any circumstances, such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental body act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, etc., we will not be held liable for any loss or failure to perform any obligation under these Terms.

The Company shall not in any event, be held liable for any intellectual property infringements which may be discovered in any product listed on the Site unless such product is manufactured by a brand which is owned by the Company.

The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and/or the property of the respective brands. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or that of the brand which may own the Marks.

All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. The Company owns the copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it. 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 commercial or other purposes.

The Site 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 Site are protected by copyright as a collective work under the applicable copyright laws.

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 site 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 site 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.

None of the provisions of these Terms 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 at 5-8-326, Public Garden Road, Nampally, Hyderabad, 500001 or to you on the email address provided by you 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 term of these Terms shall be deemed invalid, void or for any reason unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms.

These Terms 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 these Terms) without your prior express consent.

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 these Terms.

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

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 these Terms and/or 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 seat and venue of arbitration shall be Hyderabad. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

These Terms and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Hyderabad.

No two offers/codes can be clubbed. Each sale is applicable on select products and may not be applicable on all products on the Site. Discounts available on the Site may not be applicable to products available in store. For products available in store, sales staff shall advise. Any discount changes during or after the sale will not apply to future or previous purchases.