Terms and Conditions
1. OBJECT OF THE CONTRACT:
Pratibha Jewellery Place(hereinafter referred to as Pratibha) sells its jewelry product line to end consumers though its websitewww.pratibhajewellery.com (“Website”). These standard terms and conditions (“Terms and Conditions”) shall govern the contractual relationship between Pratibha and the customers (hereinafter also referred to as “you” or “your”).
2. CONCLUSION OF THE CONTRACT:
2.1. Pratibhas online offers on the Website are subject to change. The contract shall only be concluded by the customer’s order and the delivery of the goods by Pratibha.
2.2. The order placed by the customer will be confirmed by email by Pratibha. However, such confirmation shall not constitute acceptance of the customer’s order, unless this is expressly stated in the confirmation.
2.3. The customer’s order is saved by Pratibha. The terms of the contract, including Standard Terms and Conditions and instructions regarding revocation as provided in paragraph 7 below, shall be communicated to the customer by Pratibha together with the confirmation pursuant to paragraph 2.2. above.
3. DUE DATE AND PAYMENT:
3.1. The payment of the purchase price shall be due in advance after ordering the goods.
3.2. Pratibha offers the possibility of payment by direct debiting or by credit card.
3.3. The customer may offset only such counterclaims which have been found justified by a final and absolute judgment, been recognized or which are uncontested.
4. SHIPPING OF GOODS AND INSPECTION
4.1. The goods are deemed delivered by Pratibha once they have been shipped to the customer’s address given for his order and delivered to him or a person living in his household or to a neighbor, and their receipt has been acknowledged in writing or electronically.
4.2. The customer shall inspect the goods promptly and inform Pratibha in text form (e.g. by email) of any erroneous, defective or missing articles.
4.3. The amount of the shipping costs depends on the type, quantity and of the place of delivery of the goods, and is communicated together with the product prices on the website.
4.4. Pratibha is entitled to make partial deliveries.
5.RESERVATION OF TITLE:
The goods shall remain the property of Pratibha until the complete payment of the purchase price.
6. COSTS AND COMPENSATION FOR LOSS IN VALUE IN CASE OF RETURN SHIPMENT AND REVOCATION:
6.1. In case of revocation the costs for the return shipment shall be borne by the customer if the purchase price of the goods returned does not exceed an amount of Rs. 2000 or if the customer, in case of a higher purchase price, has not yet settled the purchase price, or an installment agreed upon, at the time of revocation, unless the goods delivered do not comply with the goods ordered.
6.2. The customer shall only be obligated to pay compensation for loss in value due to deterioration of the goods or benefits drawn if he has used the goods beyond the extent required for examining their qualities and proper functioning. Examining the qualities and proper functioning shall mean to test and try the goods as would usually be done when buying the item in a shop.
7.INSTRUCTIONS REGARDING REVOCATION:
7.1 Right of Revocation
Your may revoke your declaration to contract without giving reasons through communication in text form (e.g. letter, fax, email) within a period of fourteen (14) days, or if you have received the goods before the expiration of this period, through return shipment of the goods. This period begins upon receipt of these instructions regarding revocation in text form, however not prior to the receipt of the goods by the recipient nor prior to the fulfillment of our obligations of information pursuant to applicable laws. For the observation of the revocation period it is sufficient that the notice of revocation be sent or the item be returned in due time. The revocation shall be addressed to Pratibha[•].
7.2 Consequences of Revocation
In case of effective revocation, the performance received by either party from the respective other party must be returned and any benefits that may have been obtained (e.g. interest) be delivered to it. If you are unable to return the entire performance or benefits obtained (e.g. benefits through having used the goods), or are able to return only part of it, or are able to return it only in a deteriorated condition, you are obligated to pay compensation for the loss in value. Compensation for such loss in value due to deterioration of the goods or benefits obtained must only be paid if the benefits obtained through having used the goods or their deterioration is due to their use beyond the extent required for examining their qualities and proper functioning. Examining the qualities and proper functioning shall mean to test and try the goods as would usually be done when buying the item in a shop. Items that can be shipped as a parcel shall be returned at our risk. The ordinary costs for the return shipment must be borne by you if the goods delivered comply with the goods ordered and if the price of the goods returned does not exceed Rs. 2000 (Rupees two thousand only), or if, in case of a higher price of the goods, at the time of revocation you have not yet paid the consideration or the installment contractually agreed upon. Otherwise, the return shipment will be free of charge for you. Items which cannot be sent as a parcel will be collected at your address. Any obligations of reimbursement must be fulfilled within a period of thirty (30) days. This period begins for you upon sending your declaration of revocation or returning the item, and for us upon its receipt.
8.1 Warranty is valid against manufacturing defects. Valid only on products purchased at Pratibha & You.
8.2 Warranty is applicable only on products that carry the warranty sticker on the product tag.
8.3 Warranty valid for a period of 90 days from the date of placing the order.
8.4 Warranty only covers manufacturer’s defects and does not cover damage to or loss of gemstones.
8.5 Use of jewellery during heavy work or sporting activities voids all warranties against normal wear tear.
8.6 The warranties do not cover normal aging of the product, wear and tear, cuts or scratches, or damage caused by impacts or accidents.
8.7 The warranties do not apply if products have been placed outdoors or in a humid environment or if the products have been used.
8.8 Warranties do not apply in case the product has been exposed to chemical solvents, commercial cleaners, cosmetic sprays, perfumes, deodorants, etc.
8.9 Warranties do not apply to products that have been stored incorrectly, used inappropriately, altered, or cleaned with wrong cleaning methods or wrong cleaning products.
8.10 The warranties are to the benefit of the original purchaser of the product. They are not transferable.
8.11 The original purchase receipt is required as proof of purchase to claim warranty.
8.12 Pratibha will examine the product and decide if it’s covered under warranty and will then, at its choice, either repair the defective product or replace it with the same or a comparable product depending on the availability of that product.
8.13 If the item is no longer sold by Pratibha or serviceability of the product cannot be provided, Pratibha will provide an appropriate refund, however Pratibha will decide at its discretion, what will constitute an appropriate refund.
Pratibha’s liability for its own acts or for the acts of the persons employed in the fulfillment of its obligations shall be limited to the foreseeable direct damage typical in this type of contract. This shall not apply in case of intent, gross negligence, damage to body or health, or breach of material contractual duties which are essential for the relationship between the customer and Pratibha and which are expressly stated.
10. GENERAL PROVISIONS:
10.1. In addition to these Standard Terms and Conditions, the law at the customer’s place of residence shall be applicable.
10.2. Modifications of these Standard Terms and Conditions must be made in writing. This shall also apply to the written-form requirement
10.3. In the event that any provisions hereunder should be invalid or unenforceable, this shall not affect the validity of the remaining provisions of these Standard Terms and Conditions.
11.Return of Products - Policy:
Returning the Product
You may return your purchase following your receipt of the ordered products under following conditions:
1. The product has a manufacturing defect
2. You have received a product other than the one you ordered.
You should contact Customer service on our Contact no. 0866- 2575664 and register your complaint by providing following details
Date & Amount
Nature of Complaint
Our Customer service will register your complaint and issue a complaint number as reference. Our courier will collect the parcel from you by giving reference to your complaint number and will issue an Airway bill. Please do not hand over the parcel to courier unless an airway bill is issued to you.
While handing over the parcel to the courier please ensure that:
1. The product is unused
2. The product and the packaging is not damaged, Used and/or damaged products will not be replaced by us. After the courier has collected the parcel, please call Customer service to confirm return by giving reference of the Airway bill.
Our Top Priority is to satisfy our customers. We will replace the Returned defective product subject availability of stocks. For products not available in stock , we will credit your account for the value of Invoice. The amount so credited to your account will be adjusted against future purchase(s) made by you.
Always keep a copy of the airway bill issued to you by courier for the return transaction for your reference.