1. The Website “www.ashna-mehta.com”:

BY USING THIS SITE www.ashna-mehta.com (“Store” or “Website”), the user (“you” or “your”) agrees, understands and acknowledges that the Website is an online platform that enables you to access information and purchase products listed on the Website at the price indicated therein at any time from any location. By accessing and using the Website, you are expressly consenting to the terms and conditions outlined on this page that are effective as of the date and time you use or access the Website (the “Terms”). If you do not agree to Terms, please exit from the Website

Your access, use and any purchases made through the Website are subject to and shall constitute your acceptance of the following terms and conditions:

Only persons who can enter into a legally binding contract are eligible to purchase using the Website. If you are a minor, (i.e. under the age of 18 years) you may purchase using the Website only through your parent or guardian.

www.ashna-mehta.com is operated by Payal NY DMCC ("we", "us", "our", “Payal NY”) located at 31D, 31st Floor, Almas Tower, JLT, Dubai, UAE bearing License No. 337676, which is the product seller of the above Store.

We reserve the right in our sole discretion to update or modify these terms and conditions without prior notice at any time, effective immediately upon notice published on the Website. You will be subject to the policies and conditions of use in force at the time that you use the Website or that you order products through Website.

Certain areas of the Website may be subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas.

• Your Account and Access to Website:

In order to use some of the services or features on the Website and/or make any online purchase, you will need to register with the Website by giving certain personal identification information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@ashna-mehta.com. We may also change registration requirements from time to time.

It is your responsibility to ensure that the username and password to access the Website is kept confidential. If you have any reason to believe that your username and password is being, or is likely to be used by third parties, you should inform us immediately at the following e-mail address info @ ashna-mehta.com. We shall have the right to refuse access, terminate or remove the account or edit the contents at any time without notice. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.

The right to use or access the Website granted to you is a limited, revocable, non-exclusive right for personal use of the Website. You are not authorized to (i) modify the Website (ii) download or copy account information for the benefit of another seller (iii) utilize data mining, robots, or similar data gathering and extraction tools. You must use the Website for lawful purposes only and must not use for fraudulent or other unlawful activity.

• Accuracy of Content; Limitations on Quantity.

The information on this Website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other mistakes or inaccuracies. Errors will be corrected by us as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotional offers, product descriptions or specifications, or any other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event or promotion at any time without notice. The inclusion of any products or services on Website Site at a particular time does not guarantee that the products or services will be available.

• Eligibility to purchase

The purchase of our products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of United Arab Emirates.

In order to make purchases on the Website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

• Orders, Price, Payments, Deliveries & Insurance:

1. i) Orders:

We offer products for sale that are in stock and available for dispatch. Occasionally however, we may be waiting for shipments from our suppliers. Please be aware that we may be unable to deliver selected products due to production problems or quality check issues identified when we receive a product from our supplier. In these circumstances we will notify you by email and refund any payment made by you within thirty days of being advised that products become unavailable. Sometimes, high demand causes us to run out of certain products. If we don't have a product that you have ordered in stock, we'll notify you by email immediately.

1. ii) Pricing:

The prices on the Website are exclusive of applicable taxes/VAT in UAE. You shall be responsible for payment of all charges associated with the purchase of products from us and you shall agree to bear all applicable taxes/VAT, duties, delivery costs levied thereon. Any such additional costs will be displayed before your final check out.

These prices are subject to change at any time in our sole discretion. All Prices are valid till stocks and/or offers last.

iii) Acceptance of your order:

The order placed by you through the Website shall be deemed an offer from you to buy the product(s) specified as per the order from us (“Order”). On receipt of the Order, the Website will automatically generate an e-mail confirming receipt. Your receipt of Order receipt confirmation e-mail is only an acknowledgement of receipt of your Order and does not constitute an acceptance of your Order by us.

Acceptance of the order and completion of the contract between you and Payal NY will be perfected when we dispatch the products to you at which time you will receive a second email containing your tracking number and confirming that your order has been dispatched. The sale contract is therefore concluded in the United Arab Emirates. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Payal NY.

We reserve the right not to accept or fulfil your order in the event, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms. Furthermore, we may refuse to process your order for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party in this respect.

Though we make every effort to make sure details on our Website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the products, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

1. iv) Payment:

Payment can be made by Visa, MasterCard and any other methods which may be clearly advertised on the Website from time to time. Once the transaction is complete, the payment will be debited and cleared from your account and you will then be redirected to the Website. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

If the issuer of your credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide us when accessing or ordering from the Website.

1. v) Delivery and Insurance:

The delivery of the products shall be made only on receipt of advance payment for the product(s) and shipment. The delivery of the products shall be made either directly by us or through third party courier/logistic services providers on all days except on Sundays and National holidays. 

The delivery time will be 10 to 12 weeks. 

Delivery times appearing on the Website are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, Payal NY is not responsible and/or liable for any delays caused due to reasons out of our control, in which case we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any products delivered, at which point responsibility for your purchased products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Payal NY, and transfer of responsibility in the same way. The risk of loss or damage to jewellery passes to customer upon delivery of jewellery item. Ownership in all goods remains with Payal NY until full payment of all amounts due have been received. You will be responsible for safe custody and insurance of jewellery in your possession.

 

•  Return & Refund Policy

We don't offer any exchange. 

(a) In case if you wish to Return the product(s), please contact us on the address given in Contact Details for approval and further actions.

(b Return shall be made provided the product (including the unit carton) is returned unused and unopened (original seal not broken). The final decision to accept the open/unpacked products rests with us. No Return is not allowed if the product returned is damaged by the customer due to misuse or abuse.

(c) In case the product is returned to us with any scratches, dents or damage, then we reserve the right to deduct the costs of repairs or such other charges at our sole discretion and thereafter transfer the remaining amount by way of credit to your store credit account maintained with us.   

(e) The normal processing time for refund requests is 7-14 working days from the date when the returned item is received.

(f) A refund is applicable within the 7 days if a manufacturing defect is evident and can’t be repaired or replaced. Any charges incurred by Payal NY in the transaction including, credit card charges, will be deductible in the approved refund cases. In such cases, the refund value will be transferred to your issuing bank for Debit/Credit card/Apple Pay accounts unless you choose to transfer it as credit to your store credit account for future purchases.

(g) In the event at any point of time you cancel the Order without any reason prior to shipment or after delivery of product, then we reserve the right to deduct all the charges incurred by us in the transaction including but not limited, credit card charges from the amount paid by you for the Order and thereafter transfer the remaining amount as credit only to your store credit account.

• Limitations of Liability

The total liability of Payal NY/brand/manufacturer/distributor on any claim, whether in contract, warranty; tort, product liability; and copyright, trademark, trade secret, patent and other intellectual property rights infringement; or otherwise, arising out of, connected with, or resulting from the performance or non-performance of any agreement resulting here from or from the sale, delivery resale, repair, replacement or use of any product or the furnishing of any service, shall not exceed the price allocable to the product or service which gives rise to the claim.

In no event, whether as a result of product defect/malfunction, breach of contract, warranty; tort; copyright, trademark, trade secret, patent and other intellectual property infringement or otherwise, Payal NY/brand/manufacturer/distributor shall be liable for any special, consequential, incidental, indirect or exemplary damages, including, but not limited to, loss of profit, loss of use of the products, cost of substitute goods.

• Intellectual property

Except as otherwise expressly stated, Payal NY owns or is an approved licensee to the copyright and all other Intellectual Property contained in the Website and the Website Content, including but not limited to the "look and feel" of the Website, all HTML and other code contained in the Website, all text images or links, all product names and images, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Payal NY unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorization of Payal NY. Any reproduction or redistribution of the Marks is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the Marks to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
“Intellectual Property” means all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.

• Indemnification

By using this Website, you agree to indemnify, hold harmless and defend Payal NY, its parent company, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully and as reasonably required in the defense of any claim. Payal NY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

• Use of website content

 

1. All information, text, materials, graphics, products, product names, images, designs, tag lines, logos, button icons, images, video and audio clips, trade marks, trade names, service names (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, “Website Content”) is provided to you as a service to allow you and other users to browse our products and services.
2. You are only permitted to access and use this Website for your personal, non-commercial purposes, and you must not:

1. modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;
2.  use this Website in violation of any applicable law or regulation;
3. use this Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Payal NY or others or violate the privacy, publicity or other personal rights of others;
4. sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
5. access data not intended for you or logging into a server or account which you are not authorised to access;
6. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
7. copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;
8. use the Website Content impersonate or otherwise misrepresent your identity or affiliation with Payal NY or any other person or entity;
9. use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services; 
10. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; 
11. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or 
12. frame or link to any Website Content or information available from the Website. 

1. You shall not copy, store, redistribute or publish any Website Content without the express permission of Payal NY.

 

• Disclaimer of Warranty

THE WEBSITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TARTAN DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

• Other Businesses

Third parties other than Payal NY and its affiliates may operate stores, provide services, or sell product lines, advertise their products on the Website through the link provided on the Website. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of such third party websites. Payal NY does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You are requested to carefully review their privacy statements and other conditions of use of their website.

• Product Visuals

While we endeavor to place appropriate pictures of the products, it must be understood that that the actual pictures, colour, dimensions and other may not actually reflect the original product's colour, dimensions and other of the original product. The pictures shown here therefore are taken as being placed for illustrative purpose only and also change from time to time without prior notice.

• What Information Do We Collect and How Do We Use It?

We believe you have the right to know what information we collect when you visit our Website. We value our relationship and the data you share with us from time to time. We are totally committed to maintaining this data with the utmost of confidentiality.

For visitors to the Website, our web server, on specific occasions, recognizes and stores your computer's IP address. This is used only as a support feature to ensure our customer's identity. Your computer provides this information automatically each time you log on, unless you have activated blocking technology available in some browsers. We also may combine your IP with other information you provide us like your e-mail address. You provide this information when, for example, send us an e-mail, fill out a registration, answer a survey, complete a fulfillment order or sign up for a site newsletter. In any case, the price listed on the website shall be final.

We intend to use the Information only for the purpose of (1) fulfilling our obligations under any sale and purchase contract and/or any other contract between you and our company, (2) publishing reports on trends in the usage of the Website and fulfilling the purpose of the your interaction with the Website (3) to those of its employees, contractors and affiliates that need to know the information in order to process it on our behalf or to provide services available at the Website and that have agreed not to disclose it to others. (4) Rendering services related to our business such as warranty or after sales services, (5) providing you with our latest product information and other related information from time to time, and/or (6) asking your opinions regarding our products and/or services.

If you object to your Information being transferred or used as stated above, please do not use the Website.

• Reviews, Comments, Communications and Other Content

You may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other information, as long as the content is not illegal, abusive, defamatory or infringing of intellectual property rights and does not contain software viruses or any form of spam. We reserve the right (but not the obligation) to remove, delete or edit any content that in our sole judgement violates these conditions of use and/or terminate your permission to access or use the Website.

If you do post content or submit material, and unless we indicate otherwise, you (a) grant us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) grant us and our affiliates and agents the right to use the name that you submit in connection with such content, if they choose.

• Customer Service

For general inquires about this Store and order/ delivery status, please contact us at info@ashna-mehta.com,. 

For payment-related questions (such as payment status, failure of payment etc.), please contact us at info@ashna-mehta.com.

For any after sales service related issues for your products, please contact us at info@ashna-mehta.com.

• Unavailability of Site; Termination; Fraud.

We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may, at our sole discretion, terminate or suspend your use or access to all of or part of the Website or your account or usership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your usership or account are terminated, the restrictions regarding the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations that by their nature should survive termination) will survive termination.

• Disclaimers of warranties limitations of liability

The Website and the Website Content are provided on an "AS-IS", “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever.  Payal NY expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

Payal NY and Associated Companies (as defined herein) are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and the Website Content, or inability to enter into a sales promotion, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Payal NY is advised of the possibility of such damages.

Without limiting the above paragraph, Payal NY does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any third party advertiser in any way.

Payal NY does not represent or endorse the accuracy or reliability of any Website Content and you acknowledge that any reliance upon such Website Content shall be at your sole risk.

Payal NY is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on this Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

Documents available from the web server were prepared as an account of work sponsored by a client or our own work. Neither Payal NY nor any client thereof, or any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favouring by Payal NY. The views and opinions of document authors do not necessarily state or reflect those of Payal or any agency thereof.

Payal NY shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of our respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.

• Miscellaneous.

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Payal NY with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Payal NY with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Payal NY to act with respect to a breach by you or others does not waive Payal NY ‘s right to act with respect to subsequent or similar breaches. Payal NY 's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

• Applicable Law and Jurisdiction

By accessing and using the Website; and purchasing online, you agree that your access and use of the Website, online purchasing is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of UAE.

Courts of Dubai shall have exclusive jurisdiction on all issues arising out of any issue related to copyright, intellectual property right, liability, access, usage and purchase through the Website.