TERMS OF SERVICE
All rights, including copyright, in this website are owned by GIFT SUGAR. GIFT SUGAR is the proprietary trademark. Any use of this website or its contents, including copying or storing it in whole or part is prohibited without the permission of GIFT SUGAR. If any content including text, data, photographs, graphics, files, images, information, audio clips, digital content or any combination thereof is uploaded by you on this Website as a design for products available to other users on the Website, you are bound by the Designer License Agreement of this Website.
1. ELIGIBILITY CRITERIA
The usage of this website and its services are not available to minors under the age of eighteen (18) or to any Users “incompetent to contract” within the meaning of the Indian Contract Act, 1872. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the services provided by GIFT SUGAR through your legal guardian in accordance with the applicable laws. Those who choose to access this website from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.
2. USER OBLIGATIONS
c. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues and gallery) that you access on the Website
d. You agree to provide true, accurate, current and complete information about yourself as prompted by ‘GIFT SUGAR’S’ registration form and otherwise.
e. You are responsible for maintaining the confidentiality of the password and account created by you on this Website and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. In case of any unauthorized access or use of your account or other breach of security, you are responsible to immediately notify us at firstname.lastname@example.org and ensure you log out of each activity session. GIFT SUGAR shall not be responsible for any negligence on your part.
f. That 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 ‘GIFT SUGAR’ for redelivery shall be claimed from you and you shall pay such cost.
g. GIFT SUGAR 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), GIFT SUGAR has the right in its sole discretion to reject the registration and debar you from using the Services of www.giftsugar.com and or other affiliated websites without prior notice whatsoever.
i. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
j. That 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.
k. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website including uploading, downloading, posting or transmitting any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
l. You are also under an obligation not to upload, download, post, email or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You may not use any content in relation to this Website that you have copied from any third party or website without written permission of the lawful owner thereof. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable laws, regulations and ordinances of the land. You shall not transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites. Any infringement of intellectual property can be reported for action to email@example.com
m. All of the Licensed Products listed on the website are licensed for a line of personalized items to be used only by individual consumers. Consumers are alerted that business or organizational use of the Licensed Products is absolutely prohibited.
n. You agree to defend, indemnify and hold GIFT SUGAR and its officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
3. USE OF MATERIALS
a. Website Content
GIFT SUGAR owns the copyright to all the contents of this website, except where specific credit is given. You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without written consent from us (except as stated below).
You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.
While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colors in our images will be rendered correctly on different computer monitors/ mobile screens/ tablets etc.
The details of the manufacturer, intellectual property holder and seller of a product shall be made available for every product, including products sold by GIFT SUGAR and products sold by third parties on the GIFT SUGAR platform. GIFT SUGAR takes no liability and has no control over the accuracy, quality, safety, morality or legality of any aspect of the products sold to you by a third party on the GIFT SUGAR platform as we do not prescreen third parties making products available on our platform. We do not transfer any legal ownership of products between parties. GIFT SUGAR does not take any liability as to the representations made by any third party designer or seller on the Website.
b. External Material
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.
We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect.
We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.
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, but we do not monitor or endorse these other websites.
We take no responsibility for any loss or damage suffered as a result of our “order online” service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
e. Changes to the Site Disclaimer
We reserve the right to change the Site Disclaimer from time to time. If this happens, we will notify you by posting the updated Site Disclaimer on the website. If you do not wish to be governed by the revised Site Disclaimer, please stop using the website. The law of India governs this site disclaimer, and you and we agree to use the Delhi jurisdiction if there is any dispute between us. If any part of this Site Disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.
4. COPYRIGHT, TRADEMARK & DESIGN
GIFT SUGAR reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website, except where specifically mentioned. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, 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.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to GIFT SUGAR, you grant GIFT SUGAR a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
If you participate as a Designer or Associate (as both terms are defined in the Designer License Agreement), GIFT SUGAR will pay accrued earnings in accordance with the following section.
Payments for royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as “Earnings”) will be made within forty-five (45) days of the end of the month subject to the following:
a. GIFT SUGAR maintains a statement of your Earnings. You may check your statement in the “MyAccount” section of your account.
b. GIFT SUGAR will pay your Earnings in accordance with the selections you make in the “Payment Settings” page in “MyAccount” and GIFT SUGAR makes the following options available:
c. Payment as soon as you have reached the Payment Thresholds (as defined below) set by GIFT SUGAR from time-to-time; or
d. Have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold set by GIFT SUGAR); or
e. Hold your Earnings in your account to apply toward a purchase on the Site.
f. On the Payment Settings page, you may also choose your method of payment (for example, cheque or ECS). GIFT SUGAR, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
g. With respect to referral fees, if the customer returns Products that generated a referral fee, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt.
h. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.
i. You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of processing fees. Payment will be made within 45 days (collectively “Processing Fees”).
j. If GIFT SUGAR owes you any compensation as of March 31st each year, then GIFT SUGAR may send you payment of such accrued Earnings (generally on or about May 15th for the 12-month period ending March 31st) even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment.
k. GIFT SUGAR will withhold taxes from international payments that are due if Designers do not provide us with relevant documentation requested by us.
l. In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, GIFT SUGAR may withhold further payments until you have corrected or updated your address.
m. In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, GIFT SUGAR will deduct the relevant amount from your Earnings.
6. CREDIT CARD DETAILS
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. GIFT SUGAR expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Your payment card will be debited for your order on the day we send you the formal order confirmation. GIFT SUGAR shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by GIFT SUGAR with our acquiring bank from time to time.
7. SALES TAX/ VAT
Our prices are inclusive of all applicable taxes.
8. DELIVERY SCHEDULE
A tentative delivery time will be given along with the formal order confirmation. The exact delivery date shall be provided as soon as your order is ready for dispatch.
GIFT SUGAR reserves 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 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. GIFT SUGAR reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
10. CANCELLATION BY GIFT SUGAR
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, 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. We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/ charged. If however the same is charged to your card/ bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. GIFT SUGAR reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.
11. CANCELLATION AND CHANGES BY CUSTOMERS
If you wish to cancel or modify your order, please send an email to firstname.lastname@example.org While we will try to accommodate your request, we cannot guarantee cancellation or modification, once an order has been submitted. Once you have received your online order, if it is the incorrect product or found to be damaged please contact us within 3 days of receipt and we will arrange for collection. The customer agrees not to dispute the decision made by GIFT SUGAR and accept GIFT SUGAR decision regarding the cancellation.
Dimensions displayed on the GIFT SUGAR website are standard USA sizes. While we try to ensure that all measurements on our website are accurate, errors may occur as each piece is unique.
13. SHIPPING POLICY
Shipping Destinations- Currently we serve to selected cities in India, Canada, USA, UK & Singapore only.
Note- At present, we do not have the option to deliver a single order to multiple destinations. You will need to place different orders for shipment to multiple destinations.
Shipping & Handling Charges- We provide free shipping to select locations and shipping charges for certain locations shall be specified with your order.
Track Order- All users have the option to track their orders by clicking on Track Order.
Time to Deliver- The time taken for delivery tends to vary according to the destination; however, we make our best efforts to ensure that the order is delivered within 10-15 working days once you place the order. In the unlikely event that we fail to deliver your order within the stipulated period, we shall cancel the order and notify you regarding the same. In such cases, the refund will be made directly to your account via the same mode through which the payment was made or via cheque.
We only partner with reputed courier agencies to ensure that the products reach you promptly and in perfect condition. We also ensure that the delivery is made to the recipient and thus require the identity proof for verification:
Please Note- Recipient needs to keep a photocopy of any of the following national approved photo id proofs handy for receiving the delivery:
Voter identification card
Postal identification Card (Aadhar)
For any customer assistance, you can write to us at email@example.com
14. RETURN POLICY
A refund shall be provided if you cancel any order before it has been shipped by calling us or emailing us to notify about the cancellation and we will determine if it is possible to cancel/ modify the order. However, once the order has been shipped we will not be able to cancel or modify it. We offer returns and exchanges for orders damaged in transit or if you have received incorrect item(s). In case of a damaged package/ incorrect item(s), please contact us within 3 days of receipt of the order along with a photograph of the product. Please note that to be eligible for a return, you must return the item(s) unused and in the same condition that you received it, in its original packaging, along with the invoice. Our courier partner will collect the order from the address provided by you and will get it back to us. All decisions to cancel an order, refund, return or exchanges are at the sole discretion of GIFT SUGAR
Refunds shall not be provided if:
a. The products are returned in a used or damaged condition.
b. The products are not faulty or damaged.
c. Incorrect or outdated delivery address. Incorrect address format including any form of a PO Box address.
d. After 3 failed delivery attempts by our respective courier agent.
e. Package refused by recipient.
f. Sizing issues. Thus please review our size guides carefully before making your purchase.
g. Minor color and design variation. All products are handmade and use natural stones so there may be some variation from the photographs on our website.
15. SITE SECURITY
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation,
a. Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
b. Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
c. 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,” “mail bombing” or “crashing.”
d. Sending unsolicited emails, including promotions and/or advertising of products or services.
e. 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. GIFT SUGAR 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, Google Chrome, Mozilla Firefox).
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery. All products are handcrafted so there may be some variations in the actual product received. Packaging of the product may vary from the packaging of the product displayed in the website. 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 fill your order. 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. Gold, Silver and precious stones 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.
17. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of this website will be and remain the property of GIFT SUGAR. Such disclosure, submission or offer of any comments shall constitute an exclusive irrevocable and perpetual assignment to GIFT SUGAR of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments or reviews.
You agree and confirm that any comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of spam.
You grant GIFT SUGAR the right to use the name that you submit in connection with any comments, reviews etc. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content uploaded by you and you further agree to keep indemnified GIFT SUGAR and its affiliates for all claims resulting from any content submitted by you. GIFT SUGAR and its affiliates are not responsible nor assume any liability for any content submitted by you or any third party.
18. LIMITATION OF LIABILITY
Under no circumstances including, without limitation, its own negligence, shall GIFT SUGAR or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, its licensors or any other party involved in creating, producing, transmitting, or distributing GIFT SUGAR or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if GIFT SUGAR has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
19. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
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 GIFT SUGAR 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.
20. FORCE MAJEURE
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments’ of any kind, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport.
This User Agreement is effective unless and until terminated by either you or GIFT SUGAR. You may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the Services that you use, where GIFT SUGAR has made this option available to you.
We may terminate this User Agreement 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 GIFT SUGAR. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of this User Agreement 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 User Agreement.
22. GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gujarat shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.
CONTACT INFORMATION – For any queries/ questions, please contact us at firstname.lastname@example.org or at
210-A, Felix Complex, Krunal Cross Road
Gotri, Vadodara, Gujarat, India – 390021
Phone No.:+91 9099008044