Terms & Conditions
WELCOME TO THE HOUSE OF TATVA WEBSITE
Welcome to www.houseoftatva.com (the "Site"). Thank you for your visit. The terms and conditions set forth on this page (the "Terms of Use") govern the use of the Site and any products and/or services offered through or in connection with use of and/or access to the Site (collectively, the "Services"), as provided by Electronic Commodities Exchange, ("House Of Tatva", "we", "us" or "our"). These Terms of Use apply to all visitors, users, subscribers, and others who access and/or use the Services ("you" or "your") Please read them carefully. BY USING THE SITE AND SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
By using House of Tatva YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE, LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions. The policies of House of Tatva Inc retail stores may differ substantially from those applicable to your use of our online store.
House of Tatva reserves the right to make changes to the Conditions of Use and Legal Notices at any time. Each time you use the House of Tatva, you should visit and review the current Conditions of Use, Legal Notices and Privacy Policy that apply your use of this site as well as any transactions you intend to incur. If you are dissatisfied with the House of Tatva, its content, Conditions of Use or Legal Notices, you agree that your sole and exclusive remedy is to discontinue shopping with House of Tatva.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited and will be reported.
DISCLAIMERS AND LIMITATION OF LIABILITY
Under no circumstances shall House of Tatva Inc or its Associates be liable for any direct, indirect, special, incidental or consequential damages that result from your use of or inability to use House of Tatva Inc, including but not limited to reliance by you on any information obtained from House of Tatva Inc that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of House of Tatva Inc has been advised of or should have knowledge of the possibility of such damages. As a user of House of Tatva, you hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through House of Tatva Inc Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
REAL TIME INVENTORY STATUS
We advise all our customers to contact us before purchase to know the real-time inventory status of any jewelry product in question. If the piece of jewelry or diamond you were interested in is no longer available, call us and we can tell you when the jewelry item will be back in stock, or we can help you find a similar diamond. There are times when a diamond or jewelry item may be sold before we are able to remove it from the Site. If this happens and you order an item that is no longer available, you will be contacted so that we can help you find something similar. If in case the jewelry item you have purchased from us has already been sold, we will contact you within 24-48hrs with alternative and/or refund options.
PRICING POLICY
Online prices and selection may be generally lower than those in our showrooms. These prices only apply to our online store and would not be offered in-store. Prices and offers are subject to change. All online sales are applicable to online products only, and will not be applicable for in-store products.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without any prior notice. Errors will be corrected where discovered, and House of Tatva Inc reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, House of Tatva will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with House of Tatva Online Return Policy.
USE OF SITE AND CONTENT
The Site and Content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of the Site or accompanying Content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of the Site. However, you may download, electronically copy and print any of the Content for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the Content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) 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 the Site in any manner that may be harmful to its operation or Content.
MODIFICATION TO THE SITE
House of Tatva reserves the right to modify or discontinue, temporarily or permanently, Site, Content or Services or any part of any of the foregoing with or without notice. You agree that House of Tatva shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
YOUR ACCOUNT
You can view and change your opt-in status (except for regions outside of U.S.) for email communications with House of Tatva, including administration, marketing, event planning, email discussion lists, and other uses as described on the Site and these Terms of Use at any time from your account on houseoftatva.com, but always have the opportunity to opt-out of all non-transactional email messages sent by houseoftatva.com. Some communications (e.g., important account notifications and billing information) are considered transactional and are necessary for all House of Tatva customers.
INTENDED FOR USERS OVER 13
House of Tatva is intended for use by individuals 13 years of age or older. House of Tatva is not directed to use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use this site, specifically with regards to purchasing and payment processing.
TERMINATION OF USE
House of Tatva may, in its sole discretion, terminate your account or your use of the House of Tatva at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. House of Tatva reserves the right to change, suspend, or discontinue all or any aspects of the House of Tatva at any time without prior notice.
PAYING FOR YOUR ORDER
You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa, MasterCard and Discover.
VALIDATING YOUR ORDER
After you place an order using the House of Tatva shopping feature, we will cross check the information you provide for validity, by verifying your method of payment AND billing address. Orders placed will only be processed and verified against your billing address only. We will not accept any orders unless the billing address is provided. An alternative shipping address is prohibited. We reserve the right to reject any order you place with us without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or phone number you have given us with the order.
Under most circumstances, your credit or debit card will not be charged if we reject an order, but we shall process a refund if an accidental charge has been made against your card.
ORDER ACCEPTANCE/CONFIRMATION
An electronic receipt or any other form of order confirmation will not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. House of Tatva reserves the right at any time after receipt of your order to accept or decline your order for any reason.
ORDER LIMITATIONS/LIMITED QUANTITIES
House of Tatva reserve the right to reject any order you place with us, and/or limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address or phone number you gave us when you placed the order.
House of Tatva may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. House of Tatva also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same House of Tatva account, the same credit card, and orders that use the same billing address. In the event we make a change to an order, we will attempt to notify you by using the e-mail address or phone number you provided at the time the order was made. House of Tatva reserves the right to limit or prohibit sales to dealers.
SHIPPING
All orders placed on this site are subject to product availability and will be shipped according to House of Tatva Inc shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 5 days from receipt of the shipping confirmation e-mail.
BILLING ADDRESS
House of Tatva will only ship to a validated billing address. Alternative shipping addresses are prohibited. If you are purchasing an item after our business hours, a House of Tatva Inc representative will contact you within 24-48 hours.
ORDERS EXCEEDING $1,500
House of Tatva will require customers to fill out a credit authorization form if the order placed exceeds the amount of $1,500. The will be available to you at the point of checkout. This procedure is for the security of both our customer’s safety and ours. If in the case that a customer has not filled out the preceding form, House of tatva Jewellers has the right to withhold all orders until we have received a fully completed form.
PRODUCT DISPLAY/COLORS
House of Tatva attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using, as well as each individuals’ perception and eyesight. The majority of our items is hand-made and contains natural stones. That being the case, certain items may contain inaccuracies or imperfections. We request the customer to inspect the image thoroughly before making any purchase. If in doubt, we advise that you contact us to gain further clarity. Exchanges/Returns based on product imperfections (such as stone color, symmetry, vibrancy, etc.) will NOT be honored.
PRODUCT SIZES
House of Tatva attempts to show all the details of our jewelry during which the accuracy of the size may not be visible through the picture. We attempt to put all the sizes for all products for your information. However, in which case they are not displayed on our website it is up to the customer to perform their due diligence to contact us to obtain these facts before purchase.
OWNERSHIP AND COPYRIGHT
TRADEMARKS
House Of Tatva, House of Tatva, houseoftatva.com, and other marks indicated on the Site are trademarks and/or service marks of House of Tatva or its affiliates. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Hous of Tatva and these trademarks, service marks and trade dress may not be used in connection with any product or service that is not House of Tatva's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits House of Tatva.
Nothing on the Site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed therein without the express written permission of House of Tatva or the trademark or service mark owner. Neither the names "houseoftatva.com" or "House Of Tatva" nor House of Tatva's logos may be used for any purpose without House of Tatva's prior written consent. House of Tatva's logos may not be used as a link to any other web site without House of Tatva's prior written consent.
LIMITION OF LIABILITY
EXCEPT TO THE EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE JUDGMENT THAT SUCH LIABILITY RESULTED DIRECTLY AND PRIMARILY FROM HOUSE OF TATVAS'S WILLFUL MISCONDUCT OR FRAUD, HOUSE OF TATVA'S LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF HOUSE OF TATVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN ANY EVENT, HOUSE OF TATVA WILL NOT HAVE ANY LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF HOUSE OF TATVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE, OPPORTUNITY, USE, OR DATA (IN EACH CASE, WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
TERMINATION
You agree that House of Tatva, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if House of Tatva believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. House of Tatva may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that House of Tatva may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that House of Tatva shall not be liable to you or any third-party for any termination of your access to the Site.
IMPORTANT LEGAL INFORMATION
House of Tatva reserves the right to correct, update, modify or otherwise change the terms and conditions of sale, information, and prices at any time at our sole discretion and without notice. House of Tatva, it agents, affiliates or employees shall not be held liable for any indirect, incidental, punitive or consequential damages arising directly or indirectly from the use of any of the information contain in or received from this site.
You agree to indemnify, defend and hold harmless House Of Tatva, its affiliates existing from time to time, and its and their respective partners, members, directors and officers from any and all claims, judgments, causes of action, liabilities, obligations, damages, losses, deficiencies, costs, penalties, interest and expense (including without limitation, the reasonable fees and expenses of counsel), in each case as incurred arising from or in connection with (i) the Site, Content and/or the Services or any and all access or use of any of the foregoing, including without limitation, by or through you, (ii) your violation of any third-party right, including without limitation, any right of privacy or intellectual property rights, (iii) your violation of any applicable law, rule or regulation, and/or (iv) any breach by you of these Terms of Use.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
APPLICABLE LAW
By using the Services, including visiting the Site, you agree that the law of The State of New York, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and House Of Tatva. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and House of Tatva relating to your access to and use of the Site. The User also covenants and agrees that venue and jurisdiction for resolution of any dispute arising from or relating in any way to merchandise purchased from this site, or use of any information in this site, shall be in New York, U.S.A.