Terms & Conditions
This document ("Terms and Conditions") is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder 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 and conditions for access or usage of www.merakjewels.com
This Website is owned and operated by Merak Jewels LLP (hereinafter "Merak"and "LLP"). By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
These Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website (“Users / Guests”) as well as users who are registered with the Website to transact business on the Website (“Members”).
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to visit our website or use our services.
- Introduction
Welcome to the www.merakjewels.com service provided by Merak. This website is owned and operated by Merak. In using our service, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please write to us at founders@merakjewels.com
- Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to Merak. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non- commercial use is prohibited without the permission of Merak. You may not modify, distribute or re-post something on this website for any purpose.
- Accuracy of Content
Merak has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown in the website. The weights, dimensions and capacities are given on approximate basis. The stones embedded in the jewellery are semi precious stones, the texture might differ as it depends on the cut and the finish of each stone. 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. To the extent permitted by applicable law, Merak disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Merak shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
- Eligibility to use website
Use of the Website 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 un-discharged insolvents etc. are not eligible to use the Website. If your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Merak reserves the right to terminate your membership and refuse to provide you with access to the website if Merak discovers that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by Merak for any reason whatsoever. Unless otherwise specified, the materials on this website are directed solely at those who access this web from India. Merak makes no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Merak will deliver the products only within in India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
“By using the services of Merak you agree to be bound by the Terms and Conditions”.
- Registration
Users may register on the Website to become Members prior to the completion of any transaction on the Website.
To register onto the Website, the User will have to provide Personal Information (as defined in the Privacy Policy), including but not limited to name, e-mail, contact number, contact address.
Registration is only a one-time process and if the Member has previously registered, he/she shall login / sign into his / her account.
You also agree and confirm:
- To provide true, accurate, current and complete information about yourself as required by Merak registration form (such information being the "Registration Data").
- To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Merak has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Merak has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
- If in case any event occurs such as a non- delivery of product on account of a mistake by you (i.e., wrong name or address or any other wrong information) any extra cost incurred by Merak for redelivery shall be claimed from you and you shall be liable to pay such cost.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order, you will 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.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password ‘mining’ or any other illegitimate means.
- Usage Restrictions
You shall not use the website for the following purpose:
- Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- Gaining unauthorised access to other computer systems;
- Breaching or violating any applicable laws;
- Making, accessing, downloading, transmitting, tampering or storing electronic copies of materials protected by copyright without the permission of the owner
- Claims against Objectionable Content
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Merak and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
- Disclaimer of representations and warranties
Your access to and use of the services provided in this website or any content are at your own risk. You understand and agree that the services are provided to you on an "AS IS" or "AS AVAILABLE" basis. Merak makes no warranty or representation (express or implied) and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, and non-compatibility or reliability of any Content (including product or pricing information and/or specifications) on the website.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.
- Indemnity and Release
You shall indemnify and hold harmless Merak Jewels LLP and their respective officers, Partners, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these conditions of use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- Children
Use of our website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 years, you may use our services only with the involvement of a parent or guardian.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
Any disputes, if arise between Merak and any other user of this website, shall be settle amicably. However, if any of the parties are not able to resolve them amicably within a period of thirty days or any longer period as agreed between the parties, then such dispute shall be resolved by the arbitration. Both the parties shall mutually appoint sole arbitrator. All the proceedings shall be conducted as per the Arbitration and Conciliation Act, 1996.
- Alteration of Service or Amendments to the Conditions
The LLP reserves the right to modify or terminate any portion of the Website or the Services offered by the LLP for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of changes, if any. Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries.
- GST Charges
The MRP mentioned for any particular jewellery item sold by Merak Jewels LLP is subjected to 3% GST charges which shall be charged at the time of billing.