|
STANDARD
TERMS AND CONDITIONS FOR SALE OF GOODS OF MUSHKI'S
|
| |
| 1.0 DEFINITIONS |
| |
| In this document the following words shall have the following
meanings: |
| |
| 1.1 "Buyer" means the person
who buys Goods from the Seller; |
| |
| 1.2 "Goods" means the articles
that the Buyer agrees to buy from the Seller; |
| |
| 1.3 "List Price" means the list
of prices of the Goods maintained by the Seller as amended from
time to time; |
| |
| 1.4 "Seller" means Mushki's,
A-13, Sector-57, Noida (UP) India |
| |
| 1.5 "Terms and Conditions" means
the terms and conditions of sale set out in this document and
any special terms and conditions agreed in writing by the Seller. |
| |
| 2.0 GENERAL |
| |
| 2.1 These Terms and Conditions
shall apply to all contracts for the sale of Goods by the Seller
to the Buyer and shall prevail over any other documentation
or communication from the Buyer. |
| |
| 2.2 All orders for Goods shall
be deemed to be an offer by the Buyer to purchase Goods pursuant
to these Terms and Conditions and are subject to acceptance
by the Seller. The Seller may choose not to accept an order
for any reason. |
| |
| 2.3 Acceptance of delivery of
the Goods shall be deemed conclusive evidence of the Buyer's
acceptance of these Terms and Conditions. |
| |
| 2.4 Any variation to these Terms
and Conditions shall be inapplicable unless agreed in writing
by the Seller. |
| |
| 2.5 Nothing in these Terms and
Conditions shall affect the Buyer's statutory rights as a Consumer. |
| |
| 3.0 PRICE AND PAYMENT |
| |
| 3.1 The price of the Goods shall
be that stipulated in the Seller's current List Price/on the
Seller's website/as contained in the Seller's Quotation (as
applicable) at the date of order or as agreed between the parties.
The price is exclusive of any delivery or freight charges and
any type of custom and other charges from the Buyer's country
port or His State Government. |
| |
| 3.2 Payment of the total purchase
price (including delivery or freight charges) must be made in
full before dispatch of the Goods. |
| |
| 3.3 mushkis.com accepts most
credit and debit cards, including Visa, MasterCard. We operate
a sophisticated on-line processing system via CC Avenue, one
of the world's largest credit card processing companies. |
| |
| |
| 3.4 Mushki's reserve the right
to decline any orders that do not pass the Address Verification
System in full, including a working land line telephone number,
in certain circumstances a mobile number will be accepted. In
this case customers may be asked to submit a recent bank statement
or personal utility bill to confirm the name address and postcode
submitted as their invoice address . This information will be
treated with the utmost confidentiality. If an order is declined
the customer will be asked to apply for a refund through their
own credit card bank. |
| |
| 3.5 Due to the proliferation
of credit card fraud and under certain circumstances, we now
offer an alternative method of payment via money transfer. In
this case the order will only be processed once the funds have
reached our bank. These arrangements are made on an individual
basis. Some time we also accept part payments but that is subjected
to prior agreement, during the negotiations. |
| |
| 3.6 Should there be an error
in the description or price of goods in the catalogue, mushkis.com
reserves the right to supply goods at the correct price. |
| |
| 3.7 Payment Is As Secure As 1-2-3 |
| We know of no documented case of credit card fraud using our
shopping system over the internet. This is because: |
| 3.7.1. When you place your order
our secure server software encrypts all your personal information
- including card number, name and address. This encryption process
takes all the characters you enter and converts them into bits
of code, which can then be safely transmitted over the internet. |
| 3.7.2. At no time are your details
held in clear text on any website. |
| 3.7.3. And no one sees your credit
card number - not even us! |
| |
| 3.8 All the prices on the site
are in US Dolor considering it as an international currency,
In what ever country you are shopping, your credit card company
will automatically convert the transaction to your local currency.
For your convenience, however, there is a handy currency converter
on the site. |
| |
| For more information's you can visit our FAQ section by clicking
http://www.mushkis.com/faqpayment.asp
|
| |
| 4.0 DELIVERY |
| |
| 4.1 Delivery of the Goods shall
be made by the Seller notifying the Buyer that the Goods are
available for collection at the Seller's premises or for delivery
to such place and on such terms as agreed between the Seller
and the Buyer at the time the order is placed. |
| |
| 4.2 All Goods, wherever possible,
will be delivered within 4 working weeks of the order being
placed and the Buyer shall make all arrangements necessary to
take delivery of the Goods whenever they are tendered for delivery. |
| |
| 4.3 The Seller shall use its
reasonable endeavors to meet any date stated for delivery. In
any event time of delivery shall not be of the essence and the
Seller shall not be liable for any losses, costs, damages or
expenses incurred by the Buyer or any third party arising directly
or indirectly out of any failure to meet any estimated delivery
date. |
| |
| 4.4 Raw Materials of the most
items are held in stock and the finished goods will be dispatched
to you within 4 working weeks or as per the negotiation, only
after confirming your order invoice with the appropriate freight
charges by you. MUSHKI'S do not dispatch orders to PO Boxes
under any circumstances. In the event that the Seller is unable
to deliver the Goods within the time specified in Clause 4.2,
the Seller will contact the Buyer to advise of the situation
and the Buyer shall be entitled to cancel those items and receive
a full refund of those items or agree a later delivery date
or other replacements given to him /her. |
| |
| 4.5 Title and risk in the Goods
shall pass to the Buyer upon delivery of the Goods. |
| |
| For more information's you can visit our FAQ section by clicking
http://www.mushkis.com/faqproduction.asp |
| |
| 5.0 WARRANTY |
| |
| 5.1 The Seller warrants that
the Goods will at the time of delivery correspond to the description
given by the Seller or else will get approval by the buyer for
any change. |
| |
| |
| 6.0 CANCELLATION AND RETURNS |
| |
| 6.1 The Buyer shall inspect the
Goods immediately upon receipt and shall notify the Seller within
3 days of delivery if the Goods are damaged or do not comply
with any of the Contract. |
| |
| 6.2 If your product is damaged
in transit, please contact us immediately on sales@mushkis.com,
we will pursue the case with the freight forwarders. |
| |
| 6.3 Goods to be returned must
clearly show the order number obtained from the Seller on the
package. |
| |
| 6.4 Where returned Goods are
found to be damaged due to the Buyer's fault the Buyer will
be liable for the cost of remedying such damage. |
| |
| 6.5 mushkis.com endeavors to
supply the highest quality goods and service and operates a
simple returns policy. |
| |
| 6.6 For health and
hygiene reasons, no refunds are available on pierced earrings
or navel jewellery. Rings ordered to specific sizes are also
non-returnable. |
| |
| 6.7 Customized products and designs
are non returnable. |
| |
| 6.8 If the product is of bad
quality or not of the shape or design you have ordered than
it can be returned or can be issued debit notes of the same
amount or can be sent the right product with your next order.
Though the return of goods, debit notes will be at the discretion
of Mushki's. |
| |
| 6.9 When returning goods, it
will speed up the process enormously if you remember to include
your name/address, and where possible, your order number. Any
items returned should not have been used or worn. |
| |
| 6.10 Overseas orders are placed
at the customer's or buyer's risk. Mushki's will not accept
responsibility for overseas orders lost and damaged in transit.
So there will be no refund in that case, how ever Mushki's will
pursue the case with the freighters |
| |
| 6.11 By placing an order, you
agree to the terms above. Your statutory rights are not affected. |
| |
| |
| 7.0 LIMITATION OF LIABILITY |
| |
| 7.1 Nothing in these Terms and
Conditions shall exclude or limit the liability of the Seller
for death or personal injury, however the Seller shall not be
liable for any direct loss or damage suffered by the Buyer howsoever
caused, as a result of any negligence, breach of contract or
otherwise in excess of the price of the Goods. |
| |
| 7.2 The Seller shall not be liable
under any circumstances to the Buyer or any third party for
any indirect or consequential loss of profit, consequential
or other economic loss suffered by the Buyer howsoever caused,
as a result of any negligence, breach of contract, misrepresentation,
any failure to meet any estimated delivery date or otherwise. |
| |
| 8.0 FORCE MAJEURE |
| |
| Neither party shall be liable for any delay or failure to
perform any of its obligations if the delay or failure results
from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs,
accidents, war, fire, breakdown of plant or machinery or shortage
or unavailability of raw materials from a natural source of
supply, and the party shall be entitled to a reasonable extension
of its obligations. |
| |
| 9.0 SEVERANCE |
| |
| If any term or provision of these Terms and Conditions is
held invalid, illegal or unenforceable for any reason by the
court of jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force
and effect as if these Terms and Conditions had been agreed
with the invalid, illegal or unenforceable provision eliminated. |
| |
| 10.0 GOVERNING LAW AND JURISDICTION |
| |
| These Terms and Conditions shall be governed by and construed
in accordance with the law of India and any legal Discrepancy
or Disputes will be heard or proceed in the exclusive jurisdiction
of the Indian courts at Noida, (UP) India. |
| |
| 11.0 What You See Is
What You Get |
| |
| mushkis.com has made every effort to display the jewellery
as accurately as possible. Most products have been described
with sizes/lengths and accurate color options. However, we are
aware that colors and images vary slightly according to the
monitor they are viewed on. In most cases, the only surprise
is that the crystal, diamante and particularly the Swarovski
products, Faceted Semiprecious and Precious Stone jewellery
are far more dazzling in real life than the pixels of the monitor
allow us to show! |
