TERMS OF SERVICE

TERMS OF SERVICE

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.studdedindia.com website.

INTRODUCTION

This website, www.studdedindia.com (“Website”), is owned and operated by M/s Emorah Jewels (hereinafter “We”/”Us”/”Studded India”/”The Firm”) having its registered office at Room no. 109, first floor, building no. KMC/14/440, Aida Junction, MC Road, Kottayam, Kerala 686001 and corporate office at C404, Ranka D Paradise, Wheelers Road, Sindhi Colony, Bengaluru - 560001. In using www.studdedindia.com of M/s Emorah Jewels, You are deemed to have accepted the terms of service (“TOS”) listed below or as may be amended from time to time including the applicable policies which are incorporated herein by way of reference and you understand and agree that you are bound by such terms till the time you access this website. We reserve the right to change these TOS from time to time without any obligation to inform You and it is Your responsibility to review these TOS periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these TOS, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

The Website is a platform that facilitates the online sale and purchase of merchandise and services ("Services") offered by Us and/or third parties (if any).

All rights, including copyright, in this Website are owned or validly licensed to Studded India c/o M/s Emorah Jewels. Any use of this Website or its contents, including copying or storing it in whole or part is prohibited without the permission of M/s Emorah Jewels.

For the purpose of the TOS, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to use the Website.

ELIGIBILITY CRITERIA

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act of 1872 are not eligible to use this Website. If your age is below 18, you are prohibited to use/purchase/contract from/with, this Website. As a minor if you wish to use or transact on the Website, your legal guardian or parents on the Website may make such use or transaction.  Those who choose to access the Website from outside India are responsible for compliance with foreign local laws if and to the extent that local laws are applicable.

PRICING AND PAYMENT

Studded India does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.

While Studded India strives to provide accurate information relating to products, services including pricing information, typographical and other errors may occur. In the event that a product or service is listed with incorrect price or with incorrect information due to an error, Studded India may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Studded India will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation.

Prices throughout the website are quoted in one of the following currencies: Indian Rupees (INR), Malaysian Ringgit (MYR), Singapore Dollars (SGD), US Dollars (USD), Great British Pound (GBP), Canadian Dollars (CAD), Australian Dollars (AUD), Japanese Yen (JPY) or Euro (EURO). Payment is accepted in INR and therefore you bank may apply conversion charges if you are making payment in any other currency. Prices are inclusive of taxes applicable in India (if any). For International deliveries, additional duties and taxes may be applicable for the ordered items as per your country’s regulations, which will be billed separately to you by the courier company at the time of delivery.

All products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes Your offer, which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject Your offer in part or in full. Our acceptance of Your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.

No act or omission by Us prior to the actual dispatch of the product(s) ordered will constitute acceptance of Your offer. If You have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of Your order. A contract with respect to the relevant product shall be deemed to be formed at such time that Studded India has dispatched the product and a written intimation to this effect has been sent.

Packaging of the product may vary from the packaging of the product displayed in the website.

Prices on the website are subject to change without notice, and can vary from piece to piece, and from time to time, depending on the price of raw materials at the time of production. Silver, Brass & semi precious gemstones are commodities, with market fluctuations beyond our control. Occasionally, a piece will sell, and then be recreated at a later date with a difference in price. This simply reflects the market value of the raw materials, and does not mean that we have increased our mark-up.

Taxes

All our prices are Inclusive of GST (if applicable), unless with respect to a particular product we have indicated otherwise.

Online Payment

All payments on www.studdedindia.com are securely processed. We accept most major credit and debit cards including Visa, MasterCard and American Express. We will ensure confirmation of ordered item(s), availability and shipping before processing your order. You will be advised by e-mail if we are unable to complete your order.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on the Website 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. Studded India commits to keeping the information provided by You confidential and assures You that it will not share it with any third parties unless required for fraud investigations 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 responsibility to 'prove otherwise' shall be exclusively on You.

DELIVERY SCHEDULE

A tentative delivery time will be given along with the formal order confirmation email. Alternatively, you could go to your "Order Status" section and determine the status of Your order using your respective tracking number.

All products are subject to availability. We reserve the right to limit the quantity of products We supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fulfill your order.

SALES AND PROMOTION

The sale runs till stocks last. Duration of sale is in the sole discretion of StuddedIndia and it reserves the right to extend or terminate the sale, without further information at any point of time. At the sole discretion of StuddedIndia, the products can be removed/changed/added under the Sales category and the discounted prices can also be changed.

No return or Exchange will be accepted on the sales items. For more details read our returns and exchange policy.

In case of any further query regarding the sale, please email customer care at hello@studdedindia.com.

Studded India reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether. 

YOUR OBLIGATIONS

  1. You have to provide true, accurate, current and complete information about Yourself (“User Data”) as prompted by the Website’s registration form.
  1. To maintain and promptly update the User Data provided at the time of registration to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Studded India has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this TOS, We reserve the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website. 
  1. 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 Studded India for redelivery shall be claimed from you and you shall pay such cost. 
  1. You will provide authentic and true information in all instances where such information is requested of you. Studded India reserves 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), Studded India has the right in its sole discretion to reject the registration and debar you from using the services of www.studdedindia.com and or other affiliated websites without prior notice whatsoever.
  1. The address at which delivery of the product ordered by You is to be made will be correct and proper in all respects. 
  1. 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.  

RESTRICTIONS

We reserve the right, at our sole discretion, to limit the quantity/value of the items purchased by you and such restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Studded India reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

For any bulk purchases, please get in touch with Us at hello@studdedindia.com.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation,

  1. Accessing data not intended for you or logging onto a server or an account, which You are not authorized to access.
  1. Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
  1. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mailbombing" or "crashing."
  1. Sending unsolicited emails, including promotions and/or advertising of products or services. 
  2. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting Violations of system or network security may result in civil or criminal liability. Studded India will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g., Microsoft Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Safari). 
  1. You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses.

CANCELLATION BY STUDDED INDIA

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 include limitations on quantities available for purchase, non delivery to your pin code, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional information or verification/s before accepting any order. We will inform You if the entire order 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 credit/debit card has been charged, the said amount will be reverted back in Your card account.

CANCELLATION AND CHANGES BY CUSTOMERS

If You wish to cancel or modify your order, please send an email to hello@studdedindia.com with the subject title as “Cancellation of order”. We will make every effort to accommodate Your request. However, once an order has been submitted we cannot guarantee the purchase can be cancelled or modified. Once You have received your online order, if it is the incorrect product or found to be damaged please contact us within two days of receipt and send the product back to Studded India at the address which shall be conveyed to you at such time. You agree not to dispute the decision made by Studded India and accept Studded India’s decision regarding the cancellation.

SIZING

All products (other than bangles and rings) are free size. In addition, our customer care team can answer all your questions on sizing and fit - simply email us at hello@studdedindia.com for advice.

THIRD PARTY LINKS

The Website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest You or facilitate the use of the Website, but We do not monitor or endorse these other websites.

DISCLAIMER

While the Website is as accurate as possible, We cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products are handcrafted so there may be some variations in the actual product received.

We cannot guarantee that the Website is free from computer viruses, and You should take Your own precautions in this respect.

No representations, warranties or guarantees whatsoever are made by Studded India as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Website will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of Studded India, its partners, officers, directors, employees, affiliates, agents, licensors, or suppliers. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.


Studded India neither warrants that any of the software used and or licensed in connection with the use of the Website will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware.

All our products have been made by hand and may have slight irregularities that are a natural outcome of the human involvement in the process.

While we conduct periodic quality check with respect to the manufacture of jewellery from artisans we procure our products, we do not check products on a case-to-case basis, therefore disclaim all warranties as to the condition of the product. However, we shall offer return / refund subject to the conditions set out in our return / refund / exchange policy.

LIABILITY

You understand and agree that Studded India provides the services in relation to the Website on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Website or the services is at Your risk.

In no case shall Studded India, our partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Studded India and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these TOS or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments or towards their use or appropriation; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

COPYRIGHT & TRADEMARK

Studded India reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not authorize anyone to use any name, logo, mark or other intellectual property in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Website or any related software. All software used on this Website is the property of Studded India or its suppliers/third party vendors and they are protected by Indian and international copyright laws.

 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Studded India and You should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trademarks/names featured on this Website.

 

Copyright law may protect designs in jewellery. Absent the requirement to register such copyright and no central database for copyrights, we are unable to confirm that the products do not necessarily infringe on any third party copyrights.

TERMINATION

This TOS is effective unless and until terminated by either You or Us. You may terminate this TOS at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.

We may terminate this TOS at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Studded India. Upon any termination of the TOS by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the TOS or otherwise. Our right to any Comments shall survive any termination of this TOS. Any such termination of this TOS shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability against you that may have arisen under the TOS.

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

GENERAL TERMS

Notices

All notices under this TOS shall be in writing and are effective upon delivery to the applicable Party (whether by personal delivery, registered pre-paid or email) at the address indicated below:

if to StuddedIndia:

Address

:

 

Attention

:

Sarah Mohan and Meghna Vinod

E-mail

:

hello@studdedindia.com

 

If to the customer, to the email address You provide to us during the registration process.

Delivery

Any notice or other communication shall be deemed to have been given: if personally delivered or communicated via electronic mail, on the same date; or if sent by registered pre-paid post, on the 5th (fifth) Business Day after it was put into the post; or if sent by email, on the date of receipt of the email by the receiving party, provided that the sending Party shall keep electronic evidence confirming such communication, provided that any notice given under this Agreement outside of 10 am to 6pm (Indian Standard Time) on a Business Day (“Working Hours”), shall be deemed not to have been given until the start of the next period of Working Hours.

 

Relationship 

None of the provisions of the TOS shall be deemed to constitute a partnership or agency between you and the Firm and You shall have no authority to bind the Firm in any manner, whatsoever. This TOS is solely for your and the Firm’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this TOS.

Assignment 

You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Firm may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity without any notice to You.


Force Majeure

Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.

 

Governing Law And Jurisdiction

This TOS shall be construed in accordance with the applicable laws of India and all disputes shall be subject to the exclusive jurisdiction of courts in Kottayam, Kerala.

 

Dispute Resolution

If any dispute arises between You and the Firm during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this TOS, and 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 Firm. The place of arbitration shall be Kottayam, Kerala. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

Grievance Redressal Mechanism


Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these TOS shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to complaints@studdedindia.com or Ms. Sarah Mohan  (“Grievance Officer”)

Ms. Sarah Mohan

Grievance Officer

Emorah Jewels

Whatsapp: +91 90724 22227

Email: sarah@studdedindia.com


Notice of Copyright Infringement:
Our policy is to comply with all applicable intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this Website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  • The address, telephone number or e-mail address of the complaining party.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.


You and the Firm agree that any cause of action arising out of or related to use of the Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.


Survival 
Rights and obligations under the TOS, which by their nature should survive, will remain in full effect after termination or expiration of the subscription.


Non-Waiver 
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.


Entire Agreement 

These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Contact Information

For questions, please contact us at hello@studdedindia.com or Whatsapp on +91 90724 22227 (Mon-Sat, 10.30 am to 6.30 pm).

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