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The following are the terms and conditions governing your use of the online
shop hosted in this website, whose URL is http://www.myadora.com (hereinafter
referred to as “the Site").
These terms and conditions constitute your binding obligations towards Concept
Jewellery (India) Pvt. Ltd, owners of the Adora brand, and hereinafter referred
to as “Concept”.
This Agreement becomes effective on your registration as a user of the online
shopping facility in the Site.
1) Amendment of terms and conditions: Concept may amend this
Agreement at any time by posting the amended terms on the Site. All amended
terms shall automatically become effective thirty days after they are posted on
the Site and any subsequent use of the Site shall be governed by such amended
terms. Lack of knowledge of the amendments will not constitute an argument for
defence.
You are advised to regularly check for any amendments or updates to the terms
and conditions contained in this Agreement. Amendments will be highlighted in
yellow for a period of 30 days from the time the amendments take effect. Once
30 days have lapsed, the amendments will appear in the normal type and colour.
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 this Agreement.
2) Privacy: You must read, agree with and accept all of the
terms and conditions contained in this Agreement and Concept’s Privacy Policy,
which include those terms and conditions expressly set out below and those
incorporated by reference, before you may become a user of the Adora online
shop. We strongly recommend that, as you read this Agreement, you also access
and read the information contained in the other pages and websites referred to
in this document, as they may contain further terms and conditions that apply
to you as an Adora online shop user. Please note: underlined words and phrases
are links to these pages and websites. By accepting this Agreement, you also
agree that your use of websites of our principals, subsidiaries and affiliates
will be governed by this Agreement and Privacy Policy posted on those websites.
3) Membership eligibility: Use of the Site is available only
to persons who can form legally binding contracts under applicable law. Persons
who are “incompetent to contract” within the meaning of the Indian Contract
Act, 1872 including minors, un-discharged insolvents etc. are not eligible to
use the Site. If you are a minor i.e. under the age of 18 years, you cannot
register as a member of the Site and cannot purchase or bid for any items on
the Site. If you wish to purchase or bid for an item on the Site, such purchase
or bidding may be made by your legal guardian or parents who have registered as
users of the Site. Concept reserves the right to terminate your membership and
refuse to provide you with access to the Site if we discover that you are under
the age of 18 years. The Site is not available to persons whose membership has
been suspended or terminated by Concept. If you are registering as a business
entity, you represent that you have the authority to bind the entity to this
Agreement.
4) Your Account and Registration Obligations: If you use the
Site, you are responsible for maintaining the confidentiality of your account
and Password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
Password.
You agree to:
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Provide true, accurate, current and complete information about yourself as
prompted by Adora online shop registration form (such information being the
"Registration Data")
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You must not include any of your contact details such as email addresses etc in
your username; and
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Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or if Concept has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with this Agreement, we reserve the right to indefinitely
suspend or terminate your membership and refuse to provide you with access to
the Site.
5) Electronic Communications: When you visit the Site or make
a purchase, or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will
communicate with you by email or by posting notices on the Site. You agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
6) Payments and Services: Membership on the Site is free.
Concept does not charge any fee for browsing on the Site. Prices are charged
against actual purchases made. All prices are indicated against each item
featured in the online shop. Prices of products purchased online need not
necessarily be the same as prices of identical products purchased from a
terrestrial store.
7) Deliveries: All items featured in the online shop are
deliverable only within India, and some items may be deliverable only in
specific cities/ towns in India.
8) Currency: Unless otherwise stated, all prices are quoted in
Indian Rupees. All payments too have to be made in Indian Rupees.
9) Customer Reward Programme: The Customer Reward Programme
(CRP) that Concept has devised for its customers who make purchases from
participating terrestrial outlets of Adora jewellery will also apply to online
purchases made through the Site, but the terms and conditions of the CRP need
not necessary be identical to the terrestrial and online purchases.
10) Suspension / termination of membership: Concept reserves
the right to issue a warning, temporarily / indefinitely suspend or terminate
your membership and refuse to provide you with access to the Site in case of
your bank’s non-acceptance of your credit or debit card, or in case of a
bounced cheque. Concept also reserves the right to take legal action in case of
your bank’s dishonouring your credit / debit card or cheque.
11) Limitation of Liability: In no event shall Concept – or
its principals, subsidiaries, affiliates, officers, directors, agents, and
employees – be liable for any direct, indirect, incidental, special,
incidental, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses
arising out of or in connection with the Site, its services or this agreement
(however arising, including negligence).
Concept’s liability in any circumstance is limited to the amount of payment, if
any, made by you to us. Concept does not guarantee that the functioning of the
Site will be error-free and/or uninterrupted. Consequently, Concept assumes no
liability whatsoever for any monetary or other damage suffered by you on
account of:
iv. The delay, failure, interruption, or corruption of any
data or other information transmitted in connection with use of the Site;
and/or
v. Any interruption or errors in the operation of the Site.
12) Indemnity: You agree to indemnify and hold us and (as
applicable) our principals, subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach
of this Agreement or the documents it incorporates by reference, or your
violation of any law or the rights of a third party.
13) Arbitration: If any dispute arises between you and Concept
during your use of the Site or thereafter, in connection with the validity,
interpretation, implementation or alleged breach of any provision of this
Agreement, the dispute shall be referred to a sole Arbitrator who shall be an
independent and neutral third party identified by Concept. The place of
arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996,
shall govern the arbitration proceedings. The arbitration proceedings shall be
in the English language.
14) Governing Law: This Agreement is governed and construed in
accordance with the laws of India.
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