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ELANTÉ Terms & Conditions

1. Introduction

  • These Terms and Conditions apply to your use of this website at www.elante.co.in (hereafter referred to as "the website"), operated by Mehra Retails Private Limited. You agree to accept and be bound by these terms and conditions by accessing the website and/or placing an order of purchase of jewellery. Regardless of whether or not you choose to register with us or place an order with us, you confirm your acceptance of these terms and conditions upon use of the website.
  • "Jewellery" means the jewellery that is predesigned or jewellery set with Cubic Zirconia and / or other synthetic colored stones that are available for sale on our website. Please note that all Jewellery is sold on "as is" basis.
  • You can access most of the pages of the website without registering your details with us. Certain areas of the website are only open to you if you register.
  • Please read and familiarize yourself with these terms and conditions and if you do not accept them, please do not use the website.
  • By using this Website, you signify your explicit assent to this Terms of Use as well as the Website's Privacy Policy (which is hereby incorporated by reference herein). These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this 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 by the Website to transact business on the Website ("Members")
  • NOTE: This document constitutes an "electronic record" under the provisions of the Information Technology Act, 2000 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

            2. Your Obligations

            2.1. In these Terms and Conditions, and in the context of a registered user or where the context so requires, the term 'You' shall mean any natural or legal person who has agreed to become a member of the website by providing Registration Data while registering on the Website using the computer systems of the Website; has accepted the terms and conditions contained in this electronic record and has allocated himself a unique identification user name or "User ID" and "Password".

            2.2. You accept that the website and/or its’ owners have the right to amend these terms and conditions at any time without prior notice to you and consequently you agree to review these terms and conditions periodically and/or prior to each online purchase of jewellery. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website which will override these terms and conditions to that extent only. In that event, the other terms and conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should not continue to use the website.

            2.3. You agree that in no event shall the website or its’ owning company or any of its’ directors/owners/agents/employees be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of the website, whether based on contract or strict liability or any other law or otherwise.

            3. Registration & Other Obligation

            3.1. As a new Registered User, these Terms and Conditions shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in filling your registration data and clicking on the ‘continue’ button as provided on the registration page. If you do not accept these terms and conditions, do not fill up your registration data or click "continue" on the Registration page.

            3.2. You recognize that your Registered Data is for the purpose of processing your online purchase order and for providing ancillary services or products that may be offered by www.elante.co.in from time to time. You authorize www.elante.co.in to retain such data and to transmit the data to its various outlets/offices or to parties (whoever is/are contracted with www.elante.co.in) which provide such services or products, in whichever country they may be located. You acknowledge that the website and/or its chosen partners may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes.

            3.3. You are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.

            3.4. You agree to provide accurate, true and complete updated information of yourself as requested for by www.elante.co.in at the time of registration and/or from time to time. Should you provide any data or information which www.elante.co.in has reason to believe to be false, inaccurate or incomplete, www.elante.co.in shall have the right to terminate or suspend your account/membership and deny you access to the website.

            3.5. In using the website, you agree that you will not:

            3.5.1. omit, delete, forge or misrepresent information.
            3.5.2. impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
            3.5.3. engage in any activities intended to withhold or cloak identity or contact information;
            3.5.4. send harassing and/or threatening messages to the website and through emails;
            3.5.5. post excessive responses to interactive features or functions of this Site or
            3.5.6. engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the website’s email address)

            3.6. You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that:

            3.6.1. infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party material which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;
            3.6.2. you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
            3.6.3. contains personally identifiable information belonging to minors.
            3.6.4. posts, disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website;
            3.6.5. attempt to penetrate security measures of the web site, service or obtain or bypass others passwords;

            3.7. You agree that your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

            3.8. You agree that your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content

             3.9.  You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

            3.10. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by ELANTÉ.co.in and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that elante.co.in is not responsible for those sites. Elante.co.in reserves the right to disable links from third-party sites to the Website, although elante.co.in is under no obligation to do so.

            3.11. You hereby indemnify, defend, and hold elante.co.in, Mehra Retails Private Limited, elante.co.in's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the website.


            4. Eligibility

            4.1. You shall use the website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. If you are a minor and if you wish to purchase jewellery through the Website, you may do so through your legal guardian or parents who have registered themselves as Registered Users of the website. The website reserves the right to terminate your membership without assigning any reasons.

            5. Your Online Order/Payment

            5.1. You accept that upon ordering “jewellery” online from this website you are deemed to have placed an order with www.elante.co.in for purchase of the specified jewellery. You recognize that you can purchase jewellery through the website only through your membership/guest/user account and all online payments will be accepted only through valid and authorized credit/debit cards/net banking or any other mode as specified on the website. The website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit/charge/debit card ("Card") details and telephone numbers and ensure 100% safety in the online transactions you make on the website.

            5.2. During the process of purchase on the website, you will be appropriately guided through various stages from choosing your jewellery till confirmation of your payment. Prices displayed in relation to each piece of jewellery on the website is inclusive of all applicable taxes at the current rates ( unless otherwise specified ) and is correct at the time of entering the information into the system.

            5.3. The website reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. The website shall not be liable to you or any third party by reason of it withdrawing any jewellery from the website whether or not that jewellery has been sold.

            6. Delivery

            6.1. Once you have made a valid online purchase of jewellery from the website and upon receipt of the payment in relation to product price and location wise delivery charges ( if applicable ), The website will thereafter transmit a confirmation email to your registered email address informing you of the scheduled date of delivery of your jewellery.

            6.2. The website will make every effort to carry out deliveries in the stated time period. The delivery time period given to you is an estimate given in good faith. If the website finds subsequently that the estimate is inaccurate, the website will endeavor to inform you using the registered contact numbers and/or email address from your registered data.

            6.3. If your purchased jewellery remains undelivered for more than one week, either due to your/recipient’s unavailability or any other reason not attributable to www.elante.co.in, www.elante.co.in reserves the right to claim charges including levies incurred by www.elante.co.in prior to delivery/re-delivery of the product.

            6.4. All purchases of jewellery by you from the website are made pursuant to a shipment contract. You agree that the title to such purchased goods shall pass on to you once the goods are delivered by the website to the carrier for delivery to your doorstep. You agree that the carrier of the purchased goods to your premises shall be your agent.

            7. Jewellery Measurements, Size and Appearance

            7.1. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. The Company shall not be liable for any legal action on this account. Elante.co.in makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, elante.co.in cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. Elante.co.in does not warrant that product descriptions or other content are complete, reliable current or error free

            8. Short Delivery, Defective Goods Or Damaged Goods

            8.1. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. Also the customer is required to make a single, uncut video while unboxing the package which clearly shows the missing product/missing part of the product/damage to the product to lodge a complaint regarding receipt of a defective product or receiving no product inside the box/packaging.

            8.2. The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries

            8.3. The website does not warrant to cover the effects of normal wear and tear, or damage caused by accident, movement, abuse or neglect of the purchased jewellery at your end.

            9.Coupons and Promos

            9.1. Elante.co.in has the right to refuse the usage of any promo code/coupon at any point of time. Promo codes which have expired cannot be used on the Website.

            9.2. Elante.co.in can at any time ask the Member for the proof of having received the promo code/coupon.

            9.3. Promo codes/coupons can be used only on specific orders as deemed fit by Elante.co.in.

            9.4. Applicability of Promo Codes/coupons on certain items, on specific orders, or on specific dates or occasions are at the discretion of Elante.co.in.

            9.5. Promo codes/Coupons cannot be clubbed with any other special offer on the site, unless expressly otherwise stated.

            10. Force Majeure

            10.1. No Party shall be deemed to be in default if performance of the obligations required by these terms and conditions is delayed or becomes impossible because of any act of God, war, fire, strike or other labour disturbances, technological or civil commotion or disruption, riots, epidemic/pandemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of the Parties, beyond the control of the Parties and not being due to lack of funds or financing ("Force Majeure Events").

            10.2. Any Party claiming restriction on the performance of any of its obligations under these terms and conditions due to the happening or arising of an event or circumstance defined as a Force Majeure Event in Article 10.1 hereof, shall notify the other Party of the happening or arising and the ending or ceasing of such event or circumstance within 5 (five) days of determining that a Force Majeure Event has occurred or has ceased to occur. In the event any Party anticipates the happening of a Force Majeure Event, such Party shall promptly notify the other Party.

            11. Product Description and Pricing

            11.1. Each piece of jewellery purchased by you online is sold subject to its Product Description. The website will take all reasonable care to ensure that all details, descriptions and prices of jewellery displayed on the Website are correct at the time when the relevant information was entered into the system. Although, the website is kept as up-to-date as possible, information including Product Description, appearing on the website at a particular time may not always reflect the position at the exact moment you place an order.

            11.2. Jewellery prices vary from one category/piece to another where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the jewellery. The demand and supply of jewellery in the market can also affect the price of the jewellery. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.

            11.3. Infrequently, data may be inaccurately displayed on the Website due to system errors. Elante.co.in reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. While Elante.co.in makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Elante.co.in reserves the right to refuse the sale of that item. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website are fixed and not negotiable.

            11.4. The website reserves the right to withdraw any jewellery/offers from this Website at any time and/or remove or edit any materials/pages or content on the Website.

            12. Advance / Part Payment

            12.1. Elante.co.in may, at its sole discretion, request the Member to pay a percentage of the value of the transaction as an advance at the time of placing the order. The balance payment for the order shall be paid by the Member at the time of delivery of the product. Failure to pay the balance amount at the time of the delivery of the product shall be treated as a cancellation of the order. Any advance amount paid by the Member at the time of placing the order shall not be refunded by Elante.co.in to the Member in the event of cancellation of the order for any reason whatsoever.

            12.2. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction, on account of the Cardholder having exceeded their pre-set limit.

            13. Electronic Communication

            13.1. You agree that your use of the website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with The website via electronic records and you consent to receive communication via electronic records from The website periodically or as and when required. You accept that communication by The website through courier, post or electronic means constitutes proper service of notice or electronic records.

            14. Intellectual Property

            14.1. Any person illegally or using without authorization the trade mark ELANTÉ or any other mark which may be deceptively similar to the trade mark or any other intellectual property owned by it shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the Competent Courts.

            14.2. All the contents on the website, of any manner, whatsoever, is Copyrighted work is protected under Indian Copyright Act, 1957. The unauthorized reproduction and distribution of our Copyrighted Work via the internet without our express permission constitute copyright infringement under the Copyright Act, 1957. Your act of infringement of our Copyrighted copyright and proprietary right makes you liable for action in law that includes prosecution under the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973

            15. Disclaimer

            15.1. The information contained in the website is only for your general information about The website. It does not constitute advice and you should not rely upon such information for making/ refraining from and/or making any decision.

            15.2. The website hereby excludes any warranty, either express or implied, as to the correctness, completeness, timeliness, accuracy, fitness for a particular purpose of the website or any of its contents.

            15.3. By accessing the website, you agree that The website will not be liable for any direct/indirect or consequential loss, damages or compensation arising from the use of the information and material contained in the website or from your access of other material on the internet via web links for this website.

            16. Dispute Resolution

            16.1. Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by you though the website shall be submitted to sole arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by the website. The award of the arbitrator shall be final and binding on you as a decree of a court of law. The jurisdiction and venue for arbitration shall be at New Delhi only.

            17. Severance

            17.1. If any clause (or part of a clause) of this agreement is found by any Court or Authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.

            18. Jurisdiction

            18.1. By accessing this website, you agree that any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the use of this Website, shall be subject to the exclusive jurisdiction of the courts at Delhi.

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