Terms of Use
Thank you for visiting the Kundan website. These general terms and conditions apply to all orders through www.kundanrefinery.com (“the Website”). Please read these Terms of Use carefully before using this Website. Kundan has its registered office at Flat No 4, Scindia House Janpath , Connaught Place. The Platform is owned and edited by Kundan. These Terms of Use govern the Customer’s use of Kundan website.
Expressions like “You or Your” with grammatical variations and cognate expression refers to any user/customer, visitor, members, Maker, Designer, Service Provider, Institution or party who visits, uses or in any manner transacts with Kundan and expressions like “We or Our or Us” with grammatical variations and cognate expression refers to Kundan.
By accessing this Website in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use, our Privacy Policy and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of this Website.
The following Terms of Use constitute an electronic record within the meaning of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended and issued in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the terms of use for access or usage of the platform. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Applicability
You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use this Website.
We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified.
2. Rules of Conduct
There are a few rules of conduct that you are required to follow when you use this Website:
- Do not "harvest" (or collect) information from the Website using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the Website and information about the offerings, products, services and promotions available on the Website.
- Do not use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website.
- Do not obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you.
- Do not "flood" the Website with requests or otherwise overburden, disrupt or harm the Website or its systems.
- Do not circumvent or reverse engineer the Website or its systems.
- Do not restrict or inhibit another user or users from using and enjoying this Website.
You also must comply with all the applicable laws and contractual obligations when you use this Website.
3. Use of materials on the platforms
Kundan has created its various Platforms to provide information about its company and products for your personal use.
Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Kundan Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Kundan Material in any way for any public or commercial purposes. Furthermore, Kundan Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Kundan Material will automatically terminate and any copies made of Kundan Material must be immediately destroyed. Any unauthorised use of Kundan Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. Availability
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor. There is no liability for lack of items in stock or for products not being available.
Any commercial resale or distribution of our products sold on the Website is strictly prohibited. We reserve the right to reject orders from you if there is reasonable belief that you are in violation of these Terms and Conditions, or if you are engaging in fraudulent or other criminal activities. Please note that after your order is shipped, no requests to change or cancel it can be considered.
5. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, will be indicated at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the checkout process.
6. Your Obligations
1. You shall provide true, accurate, current and complete information about yourself as prompted by us.
2. To maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have any reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this User Agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to our Website.
3. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you and you shall pay such cost.
4. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in its sole discretion to reject your registration and blacklist you from using the Services of Kundanrefinery.com and or other affiliated websites without prior notice whatsoever. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
5. That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
7. Payment conditions
The purchase price for goods ordered is due when you place your order through our website. Payment may be by credit card (by entering your card data on the Website) or for customers from Kundan Refinery Registered account. You may settle our claims for payment only by using uncontested or final and unappealable receivables.
If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.
8. Your communications
It does not concern the communication of personal information to Kundan in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to Kundan via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Kundan.
By sending communications to Kundan, you automatically grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by us and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, we enjoy a worldwide reputation for design, craftsmanship and manufacture of exclusive collection of jewellery for men as well as women, high quality luxury jewellery including other luxury goods.
9. Limitation of liability
We try to ensure that the information provided is accurate and complete. However, we do not warrant or represent that Kundan’s Material is accurate, error-free or reliable or that use of Kundan Material will not infringe rights of third parties.
We do not warrant that the functional and/or technical aspects of the Platforms or the Kundan Material will be error free or that the Platforms, Kundan Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Kundan Material results in the need for servicing or replacing property, material, equipment, data or other element, we are not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. We and our suppliers make no warranties about our material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
10. Intellectual Property Rights
You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide the requisite data to us and to grant the rights granted to us in these Terms and (ii) the Customers data and its transfer to and use by us as authorized by the Customer under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, we assume no responsibility or liability for the Customers data, and the Customer shall be solely responsible for your data and the consequences of using, disclosing, storing, or transmitting it.
We solely and exclusively own respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by us and displayed and accessed on the Platform and is protected under Indian law.
The display of any of Our trade names, trademarks, designs, patents within the Website Materials does not imply that any license has been granted to any third party in respect of the same. However, all content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kundan, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
Trademark law requires that we not only protect against improper use of the our trademarks, but also protect against the use of confusingly similar marks. The appearance or absence of products, services, companies, organizations, home pages or other websites on this website does not imply any endorsement or non-endorsement thereof by us. Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available remedies under applicable laws of the country.
11. Termination and suspension
You agree that we may terminate or suspend your access to and use of the Platforms if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Kundan, its affiliated companies or any third party, with or without notice to you. You agree that we may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that we will not be liable to you or any third party as a result of such modification or discontinuation.
12. Warranty
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or - if the goods are still deliverable - that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that. The warranty period is ____ years from the time the goods are received.
13. Liability
We or Kundan is only liable to you for damage caused intentionally or by gross negligence. This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorised actions; they do not apply to any liability that may apply under the Product Liability law, some other warranted characteristic or injury to life or limb.
Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Kundan.
14. Grievance Redressal
Adhering to the Information Technology Act, 2000 and Rule 3(11) of The Information Technology (Intermediaries Guidelines) Rules, 2011, contact details of Grievance Officer for the purposes of Kundan are:
Name: [Ms. Chetna Mishra]
E-mail ID: [[email protected]]
Address: [Flat No 4, Scindia house, 2nd floor Janpath , Connaught Place ,New Delhi -110001]
15. Amendment and Acceptance to the Terms
1. We reserve the right to make changes to our Platform, policies, and these Terms at any time. Such changes shall be posted on the Platform and shall be notified to you prior to making such changes. Notwithstanding anything to the contrary, we shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.
2. Accessing, browsing or otherwise using the Platform indicates the Customer’s consent to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all policies, including but not limited to Kundan’s Privacy Policy, as amended from time to time.
16. Applicable Law and Jurisdiction
By visiting www.kundanrefinery.com you hereby agree that the court(s) of Delhi, India shall have jurisdiction to resolve any dispute and the conditions are governed by and construed in accordance with the laws of India.
17. Contact Us
For any communication about or relating to these terms or the Kundan Website, you can contact us by visiting the Contact Us page.