TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.theblingstores.com website.

In regards to the  Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean The Bling Stores

We request You to carefully go through these terms of use (“Terms of Use”) before You decide to purchase any products from The Bling Stores website. These Terms of Use apply to Your visit to and Your use of The Bling Stores website to purchase the products irrespective of whether such use is through a computer or a mobile phone or any other similar device, as well as to all information and recommendations provided to You on The Bling Stores website. By downloading or accessing The Bling Stores website to avail our service, You irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to You. Please read the terms carefully before using or accessing any material, information or services through The Bling Stores website. Your use of The Bling Stores website or the services provided by The Bling Stores website shall signify Your acceptance of the terms and Your agreement to be legally bound by the same.

 

1. REGISTRATION AND ACCESS

1.1 If You wish to purchase the products available on The Bling Stores, You will have to register on the website. To register on The Bling Stores website, You will have to provide information such as Your name, mobile number, address, email id and create a username and password.

1.2 When You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account. We request You to safeguard Your password and Your account and make sure that others do not have access to it. It is Your responsibility to keep Your account information accurate.

1.3 We will try to make The Bling Stores website error-free. Your access to The Bling Stores website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at Your end.

 

2. PRIVACY

You confirm that you have read and fully understand the privacy policy of The Bling Stores in respect of the website. You further consent that the terms and contents of such privacy policy are acceptable to You.

 

3. ACCESS

3.1 The Bling Stores grants You a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it.

3.2 This right to access cannot be extended to include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

3.3 You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Bling Stores without express written consent of The Bling Stores. You may not use any meta tags or any other ‘hidden text’ utilizing ‘The Bling Stores’ or its affiliates names or trademarks without the express written consent of The Bling Stores. Any unauthorized use would lead to termination of the right to access granted by The Bling Stores.

3.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at The Bling Stores as long as the link does not portray The Bling Stores, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any The Bling Stores logo or other proprietary graphic or trademark as part of the link without the express written consent of The Bling Stores.

3.5 You must not use the The Bling Stores website in any way that causes, or may be likely to cause damage or impairment to the website or interrupt free access to it in any way. You must not use the The Bling Stores website to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

4. COPYRIGHT AND DATABASE RIGHTS

4.1 All content included on The Bling Stores website, such as photographs, text, graphics, logos, button icons, images and software, is the property of The Bling Stores, its affiliates or its content suppliers.

4.2 The compilation of all content on this The Bling Stores website is the exclusive property of The Bling Stores.

4.3 All software used on this website is the property of The Bling Stores or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the The Bling Stores website without The Bling Stores express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this website, without The Bling Stores express written consent.

4.4 You may not create and/or publish Your own database that features substantial parts of this website (e.g. our prices and product listings) without The Bling Stores express written consent.

4.5 The Bling Stores respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please contact us.

 

 

5. TRADEMARKS

The Bling Stores logo and other marks indicated on our website are trademarks or registered trademarks of The Bling Stores under the Indian jurisdictions. All other trademarks not owned by The Bling Store that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Bling Store.

 

6. OUR SERVICES CONTRACT

When You place an order to purchase a product from The Bling Stores, we will send You an email confirming the receipt of Your order and containing the details of Your order. That email will also confirm the cost of delivery if any which will be added to the purchase price of the product. Your order represents an offer to us to purchase a product which is accepted by us only when we dispatch that product to You and the same is confirmed by an email we send to You, stating that we have dispatched the goods (the ‘Shipment Confirmation E-mail’). The acceptance will be complete at the time we send the Shipment Confirmation Email to You. Any products on the same order which we have not confirmed in a Shipment Confirmation Email do not form part of that contract. You can review the orders You have placed and their current status at any time by clicking on ‘Sign Up/My Account’ from the homepage at The Bling Stores website. You are seeking to enter into an agreement with The Bling Stores, when You place an order.

 

7. SHIPPING, INSPECTION AND RETURNS

7.1. We will arrange shipping of the products ordered to your address in the manner specified in an accepted order. Title to the products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address.

7.2. The costs of shipping and handling will be shown on your purchase receipt. We will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond our control, including shortage of materials, labor strikes, transportation failure, defaults attributable to the shipping or Courier Company or acts of God.

7.3. Returns will be dealt with only as per the returns policy posted on the Site at the time of acceptance of the binding order.

 

 

8. PRICING AND PAYMENTS

8.1. All prices are in Indian Rupees. Prices, available products or other Services may change from time to time at our sole discretion.

8.2. Pricing on a product or related Service is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the products must be made by credit or debit card, cash on delivery, or some other prearranged payment method specified on the Site. Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order. Prices shown are inclusive of applicable taxes. Shipping, handling, and packaging maybe be additionally payable and will be notified from time to time.

8.3. Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.

8.4. While carrying out payment, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.

8.5. All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and the respective issuing bank and payment instrument issuing company.

8.6. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the respective issuing bank.

 

9. COMMUNICATIONS

When You visit The Bling Stores website or send emails to us, You are communicating with us electronically. We communicate with You by email or by posting notices on the website. For contractual purposes, You consent to receive communications from us electronically and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that those communications be in writing. This condition does not affect Your statutory rights. You understand that once You register as a The Bling Stores user on the The Bling Stores platform, You will receive SMS messages from The Bling Stores on Your registered mobile number. These messages could relate to Your registration, or any updates and promotions that are undertaken by The Bling Stores. Please note that The Bling Stores will send these SMS messages only to the registered mobile number or such other number that You may designate for any particular purpose.

 

10. TERMINATION

In the event You breach these Terms of Use or in the event any other The Bling Stores user or a third party reports violation of any of its right as a result of Your use of the services, The Bling Stores reserves the right, to suspend or terminate Your access to the The Bling Stores platform with or without notice to You and to exercise any other remedy available under the law. Any suspected illegal, fraudulent or abusive activity will be a sufficient ground for terminating Your access to the The Bling Stores platform. Upon suspension or termination, Your right to avail the service on the The Bling Stores platform shall immediately cease and The Bling Stores reserves the right to remove or delete Your information that is available with The Bling Stores, including but not limited to login, account information and information posted by You.

 

11. AMENDMENT TO CONDITIONS

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that You use the website or at the time You order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

12. CHILDREN AND MINOR’S PRIVACY

The Bling Stores strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the The Bling Stores platform is not intended for use by minors, The Bling Stores respects the privacy of minors who may inadvertently use the internet or the mobile application.

 

13. WITHDRAWAL OF SERVICES

We shall prior to the collection of information including sensitive personal data or Personal Information, provide an option to You not to provide the data or information sought to be collected. You shall, at any time while availing the services or otherwise, also have an option to withdraw Your consent given earlier to The Bling Stores. Such withdrawal of the consent shall be sent in writing to The Bling Stores. In the case Your not providing or later on withdrawing the consent, The Bling Stores shall have the option not to provide goods or services for which the said information was sought.

 

14. DISCLAIMER OF WARRANTIES & LIABILITY

14.1. You agree to indemnify, defend and hold harmless The Bling Stores from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Bling Stores that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Terms of Use or any Additional Terms applicable to the purchase of Products.

14.2. In no event shall The Bling Stores, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not The Bling Stores has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, The Bling Stores' entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.

14.3. The Bling Stores will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. The Bling Stores endeavors to ensure that all the information on the website is correct, but The Bling Stores does not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. The Bling Stores shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, The Bling Stores shall not be responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Bling Stores is not responsible for any typographical error leading to any invalidity of any kind. The Bling Stores accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.

14.4. The Bling Stores shall not be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.

14.5. Notwithstanding anything to contrary, The Bling Stores' entire liability to you shall be the refund of the money charged to you for any product or service, in relation to which unlikely liability arises.

14.6. In no event shall The Bling Stores, its officers, directors, employees, partners or suppliers be liable to you for any (1) special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not The Bling Stores has been advised of the possibility of the same, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with your use of or access to the website, services or materials.

14.7. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Bling Stores from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Bling Stores that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

 

16. WAIVER

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by The Bling Stores. Any consent by The Bling Stores to, or waiver of a breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

17. GOVERNING LAW AND JURISDICTION

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to Your use of the The Bling Stores platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

 

18. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

19. GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and applicable rules made thereunder, the Grievance Officer for the purpose of Your personal sensitive information as governed by the The Bling Stores’s privacy policy is Mr. Amitabh Chandra and can be reached at amitabh.chandra@theblingstores.com

 

20. NOTICES

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision: If to The Bling Stores: contactus@theblingstore.com If to You: at the email address provided by You to us when You registered as a The Bling Stores User.

 

21. COMPLETE UNDERSTANDING

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

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