1. Terms and Conditions
By using the Internet site located at itisha.co.in (the “Site”) or the services provided by this Site (“Service”), you (the “User”) agree to abide by these terms and conditions (“Conditions”) provided herein by Belle Creations (sometimes referred to herein as the “Company”). We reserve the right to modify these Conditions, and will post a notice on the Site any time these Conditions have been modified. It is your responsibility to review these Conditions and any changes thereof. If at any time you find that these Conditions are unacceptable, please leave the Site and discontinue use of the Service.
2. Disclaimer
As part of the Service provided by this Site, the Company sells sterling silver jewelry (“Product”). All Products are shipped fully insured to the customer with signature required. Upon delivery of the Product to the customer, the customer assumes the risk of ownership. The Company shall not be liable or responsible upon delivery of the Product to the customer for any damage, including but not limited to wear and tear, breaks, design defects, staining, stones that become unattached from their setting for any reason, inadequate settings, structural inadequacies and defects, fragility, metallurgical and gemological flaws that result in degradation or breakage of the Product. In addition, the Company shall not be liable or responsible upon delivery of the Product to the customer for any loss or theft of the Product or any part thereof suffered by the customer. For information on returns and exchanges, shipping, and guarantees please select the appropriate heading under Customer Service as located on this Site.
3. Pricing and Product Information
Every attempt is made to ensure that Product pricing and information (sometimes referred to herein as “Content”) as displayed on this Site is accurate, up to-date, and the most recent. Nevertheless, we reserve the right to correct any mistakes in Product pricing and information, and to cancel or decline any order as a result of any mistake. In addition, every effort is made to ensure that Product images (also referred to herein as “Content”) accurately depict the characteristics of each Product, including but not limited to its colors and size. However, image resolution and coloring varies from screen to screen, and therefore we cannot guarantee the accuracy of the image captured for each Product.
4. LIMITED LIABILITY
THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICE AND PURCHASE OF PRODUCTS FOR SALE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION
5. Indemnification
User agrees to indemnify, protect, defend and hold harmless the Company from any and all damages, including but not limited to special, incidental and consequential damages arising from the User’s use of, or in connection with the Site, Service, Content or User’s purchase of any Products for sale.
6. Copyright Laws
All images, writing, logos, service marks, and content on the Site are the copyrighted property of the Company or licensed to the Company. By accessing this Site, the User agrees to respect the intellectual property rights of the Company and not to use any of the Company’s copyrighted property.
7. User Name and Password
Users shall be responsible for maintaining the confidentiality of his or her username and password. Users may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, user name, or password. The Company is not liable for any loss that User incurs as a result of someone else using User’s password, either with or without User’s knowledge. User may be held liable for any losses incurred by the Company, its affiliates, and agents due to someone else’s use of User’s account or password.
8. Governing Law
These Terms and Conditions shall be construed in accordance with and governed by the laws of INDIA and the State of Rajasthan, without reference to their rules regarding conflicts of law.
9. Arbitration Clause
Any action to enforce or interpret these Conditions or to resolve disputes between the Company and its Users or by or against the Company shall be resolved by binding Arbitration in accordance with this paragraph. The Arbitration shall be presided over by a third party Arbitrator mutually agreed to by the Parties. Such Arbitration shall occur exclusively in the County of INDIA, CITY JAIPUR. The party initiating the Arbitration shall provide to the other party a written list of three (3) proposed Arbitrator. The other party shall choose one of the Arbitrator on this list to do the Arbitration. If the responding party fails to choose a Arbitrator within fifteen (15) days of receipt of this list, the initiating party shall choose a Arbitrator. The Arbitration shall be carried out in any manner acceptable to the Arbitrator, and he shall not be required to follow any specific procedural rules. The Arbitrator shall follow Rajasthan Law with respect to his decision on the merits of the controversy. The Arbitrator's award may be enforced as an arbitration award pursuant to Rajasthan Code of Civil Procedure,
10. ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.