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TERMS AND CONDITIONS
1. Introduction
Welcome to www.bayanjewelry.com (“we,” “our,” or “us”). These Terms and Conditions govern the use of our website. By accessing and using our website, you agree to be bound by the following terms and conditions.
2. Business Information
– Company Details:
– Legal Name: BAYAN JEWELS
– Trade Name: BAYAN JEWELS
– Constitution of Business: Proprietorship
– Address: G-226, Veena Santoor CHS Ltd, Sai Baba Nagar Extension Road, Borivali West, Mumbai City, Maharashtra, 400092
– Registration Number: 27BRGPS6162K1Z7
– Email: info@bayanjewelry.com
– Phone: +91 9820343780
3. User Accounts and Registration
– Users may be required to create accounts to make purchases or access certain features.
– During registration, we collect personal information, including but not limited to full name, addresses, email IDs, phone numbers, and GST or tax details, in compliance with our Privacy Policy.
– Users are responsible for maintaining the security of their accounts and passwords.
3. User Accounts and Registration
– Users may be required to create accounts to make purchases or access certain features.
– During registration, we collect personal information, including but not limited to full name, addresses, email IDs, phone numbers, and GST or tax details, in compliance with our Privacy Policy.
– Users are responsible for maintaining the security of their accounts and passwords.
4. Product Information
– We specialize in the sale of meticulously handcrafted lab-grown diamond and coloured stone diamond jewellery in both silver and gold.
– Our product pricing is exclusively denominated in Indian Rupees (INR) and is inclusive of all applicable taxes . There are no additional charges for domestic shipping. International shipping, however, incurs charges based on the destination.
5. Payment and Shipping
– We accept various payment methods, which will be detailed during the checkout process.
– Shipping details, regions, delivery times, and costs are explained in our comprehensive Shipping Policy.
6. Returns and Refunds
– Our Return and Exchange Policy outlines the conditions and restrictions for returns, refunds, and exchanges.
– International orders are not eligible for returns or refunds.
7. Privacy and Data Protection
– User data collection, usage, and protection are stringently governed by our Privacy Policy.
– Importantly, we are committed to compliance with data protection laws, including the General Data Protection Regulation (GDPR) for the United Kingdom (UK) and the United States of America (USA).
8. Intellectual Property
– All trademarks, copyrights, or patents associated with our products are considered our intellectual property.
– The usage of our intellectual property is subject to our stipulated guidelines and applicable laws.
9. User Conduct
– We require users to adhere to our outlined rules and guidelines for behaviour on our website.
– Prohibited activities are comprehensively detailed on our website.
10. Dispute Resolution
-In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall first attempt to resolve the dispute through good-faith negotiations.
-If the parties are unable to reach a mutually satisfactory resolution within [number of days] days of initiating such negotiations, either party may commence arbitration proceedings. The arbitration will be conducted by a neutral arbitrator, in accordance with the rules of India, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
-The cost of arbitration shall be shared equally by the parties. Each party shall be responsible for its attorney’s fees and related costs. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights, confidentiality, or proprietary information or to prevent further unauthorized use of the website.
-By using our website, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Should such a dispute be initiated, the prevailing party shall be entitled to recover its attorney’s fees and costs.
-This dispute resolution clause is designed to encourage negotiation as a first step before resorting to arbitration, which is a common and effective means of resolving disputes outside of the court system. It also emphasizes that any disputes should be resolved on an individual basis and not as part of a class action.
– The jurisdiction and venue for legal disputes are unequivocally established as the jurisdiction of India.
11. Liability and Disclaimers
– Our liability for issues arising from using our website is circumscribed by our Liability and Disclaimers section.
12. Intellectual Property Violations
– The meticulous process for reporting and addressing intellectual property violations is conspicuously explained on our website.
13. Updates to T&C
– We shall communicate all updates to our Terms and Conditions, and such updates shall become effective as provided in our policy.
14. Compliance with Applicable Laws
– Our Terms and Conditions are meticulously crafted to ensure compliance with the legal requirements of India, the UK (GDPR), and the USA.
15. Contact Information
– For all inquiries or complaints concerning these Terms and Conditions, please contact us at info@bayanjewelry.com.
16. Governing Jurisdiction
These Terms and Conditions are incontrovertibly governed by the laws of India.
17. Amendments to Terms and Conditions
We expressly reserve the right to amend these Terms and Conditions at any time. Users are encouraged to review these terms with regularity for updates.
Last Updated: [Date]
18. User Obligations
– Users are responsible for providing accurate and up-to-date information during the registration process.
– Users must not engage in any fraudulent, malicious, or unauthorized activities on the website.
– Users must not attempt to gain unauthorized access to our systems or interfere with the functionality of our website.
19. Product Descriptions and Images
– We make every effort to provide accurate product descriptions and images on our website. However, we do not guarantee the accuracy of colours or other visual elements due to variations in display devices and lighting conditions.
20. Communication
– By using our website, you agree to receive communications from us, including emails, notifications, and updates. You may opt out of certain communications as described in our Privacy Policy.
21. Termination
– We reserve the right to terminate or suspend user accounts at our discretion, especially if we suspect violations of our Terms and Conditions or any illegal or unethical activities.
22. Third-Party Links and Content
– Our website may contain links to third-party websites or content. We are not responsible for the content, privacy practices, or security of these third-party sites. Users access them at their own risk.
23. Limitation of Liability
– We make every effort to ensure the accuracy and reliability of the information on our website. However, we do not guarantee that our website will always be error-free or uninterrupted. We are not liable for any direct or indirect damages that may result from using our website.
24. Indemnification
– Users agree to indemnify and hold us harmless from any claims, damages, or losses, including legal fees, which may result from their use of our website or violation of these Terms and Conditions.
25. Force Majeure
– We are not liable for any delay or failure to perform our obligations under these Terms and Conditions due to circumstances beyond our control, including but not limited to natural disasters, acts of government, and acts of God.
26. Entire Agreement
– These Terms and Conditions constitute the entire agreement between the user and us and supersede all prior understandings and agreements.
27. Severability
– If any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be severed from the rest of the agreement, and the remaining provisions will remain in full force and effect.
28. Waiver
– Our failure to enforce any right or provision under these Terms and Conditions does not constitute a waiver of that right or provision.
29. Assignment
– Users may not assign their rights or obligations under these Terms and Conditions to a third party without our prior written consent.
30. Contact Information
– For any inquiries, notices, or requests regarding these Terms and Conditions, please contact us at info@bayanjewelry.com.
31. Governing Law and Jurisdiction
– These Terms and Conditions are governed by and construed in accordance with the laws of India. Any legal action or proceeding arising under these Terms and Conditions shall be brought exclusively in the courts located in Maharashtra, India
32. Amendments
– We reserve the right to amend these Terms and Conditions at any time without notice. Users are encouraged to check the “Last Updated” date for the most recent version.
33. Site Accessibility and Maintenance
– We understand that uninterrupted access to our website is essential for our valued customers. However, please be aware that there may be instances where our website is temporarily unavailable due to scheduled maintenance or unexpected technical issues. While we strive to minimize such disruptions, we cannot be held responsible for any inconvenience or loss resulting from these occurrences.
34. User-Generated Content
– We encourage our users to contribute to our community through comments, reviews, and submissions. Nevertheless, to maintain the quality and integrity of user-generated content on our platform, we may moderate, edit, or remove content that violates our content guidelines. We appreciate your cooperation in adhering to these guidelines when sharing your thoughts and experiences.
35. User Reviews and Testimonials
– Your feedback is incredibly valuable to us. By submitting reviews and testimonials, you consent to the potential use of this content for promotional purposes on our website, provided it is accurate and complies with our content guidelines.
36. Promotions and Contests
– From time to time, we may run promotions or contests on our website. We provide specific terms and conditions for participation, eligibility, and prize distribution for each of these activities. Please review the terms and conditions associated with each promotion or contest before participating.
37. Affiliate Marketing
– We may engage in affiliate marketing activities, and we are committed to transparency in this regard. Please note that our affiliate relationships may influence your experience and purchasing decisions on our website.
38. Social Media Integration
– Our website may integrate with various social media platforms, and user-generated content related to our website may appear on these platforms. Be aware of the interactions between our website and social media and any user-generated content that may be visible.
39. Electronic Communication
– We may communicate with you electronically through methods such as newsletters and promotional emails. You have the option to unsubscribe from these communications, and we provide instructions on how to do so.
40. Accessibility Compliance
– We provide an accessible website for all users, including those with disabilities. If you have concerns or encounter accessibility issues, please contact us at info@bayanjewelry.com.
41. Intellectual Property Disputes
– If you believe that your intellectual property rights have been violated on our website, please follow our dispute resolution process.
42. Product Warranty and Guarantee
– Our products may come with warranties or guarantees. The details of these warranties, including coverage, duration, and the claims process, are provided on the product pages. We are committed to standing behind the quality of our products.
43. Digital Millennium Copyright Act (DMCA) Compliance
At Bayan Jewels, we are committed to upholding the Digital Millennium Copyright Act (DMCA) to protect intellectual property rights. If you believe that your copyrights have been infringed on our website, please submit a written notification to our designated Copyright Agent, including the following details:
– A physical or electronic signature of the copyright owner or an authorized representative.
– Clear identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works on our site are involved, a list of these works.
– Accurate identification of the material you assert is infringing or the subject of infringing activity. Provide enough information to enable us to locate the material.
– Your contact information, including your address, phone number, and email, to facilitate communication.
– A statement indicating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
– A statement asserting that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.
Please send your DMCA notice to our designated Copyright Agent:
[Your Copyright Agent’s Name]
[Your Copyright Agent’s Address]
[Your Copyright Agent’s Email]
[Your Copyright Agent’s Phone ]
Upon receiving a valid DMCA notice, Bayan Jewels will take appropriate actions, which may include the removal of the allegedly infringing content or restricting access to it. We may also inform the alleged infringing party of the DMCA notice and offer them the opportunity to file a counter-notification.
We take intellectual property rights seriously and are dedicated to complying with the DMCA to address copyright infringement issues. This commitment reflects our respect for intellectual property and our commitment to protect the rights of copyright owners.
44. User Age Restrictions
– Please be aware that our website is intended for users who are 16 or 18 years or older. Some of our products and content may not be suitable for minors, and we encourage parents and guardians to guide and monitor their children’s online activities.
45. Product Availability
– Product availability is subject to change. We reserve the right to discontinue or modify products without prior notice. Please check product availability and descriptions on our website for the most up-to-date information.
46. Prohibited Use
– To maintain a safe and respectful online environment, we prohibit actions and behaviours such as hacking, spamming, harassment, or any other activity that violates our Terms and Conditions. Users engaging in such activities may face account termination or legal action.
47. Contact Information for Legal Inquiries
– For any legal inquiries, notices, or disputes related to these Terms and Conditions, please contact our legal team at [legal contact email/phone ].