Terms & Conditions
1. Site Access and Use; Prohibitions
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use, including use on any other web site, transfer, or sell any products, works, content, materials and designs or information provided through or obtained from the Site.
(b) engage in the practices of framing, mirroring, screen or database scraping and mining, or any other activity with the purpose of obtaining lists of users or other information;
(c) obtain or attempt to obtain any works, content, materials, designs or information through any means not intentionally made available or provided for through the Site;
(d) access or attempt to access password protected, secure or non-public areas of the Site;
(e) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
(f) remove or destroy any proprietary, confidentiality, Trademark (as defined below) or copyright markings or notices placed upon or contained in any products, materials, documentation or information received from the Company;
(g) use any of Company’s trade secret proprietary information (including, without limitation, Trademarks and copyrights) or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you pursuant to Section 1.1; and
(h) defame or disparage the Company, its proprietary information (including, without limitation, Trademarks and the copyrights), or any aspect of the Site.
2. Copyright and Trademark Notices
- 2.1 Copyright. All works, content, materials and designs on our Site (including, without limitation, products, product and jewelry designs, Site design, text, graphics, logos, and button icons, as well as the arrangement, the selection and the organization and layout of the Site) are owned or licensed by the Company and protected by the Indian and international copyright laws. All rights reserved.
All software and other technology components on this Site are owned or licensed by the Company and protected by the Indian and international copyright laws. All rights reserved.
No reproduction, copying, distribution, or transmission of the such works, content, products, materials, designs, including any jewelry is permitted. No reproduction, copying, distribution, or transmission of the software and technology on our Site is permitted. Any rights not expressly granted herein are reserved.
- 2.2 Trademarks. orosilber.com and all other Site and Company content, materials and designs, including graphics, images, logos, audio, video, html code, text, page headers, button icons, and scripts are trademarks and service marks, registered and unregistered, trade names or trade dress (collectively, “Trademarks”) of the Company and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
3. Infringement Claims
It is our policy to respond expeditiously to infringement claims relating to intellectual property and proprietary rights. We will promptly respond to, process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Notices of claimed infringement should be directed to us at the address provided below.
4. Shipping; Taxes; Risk of Loss; Returns and Exchanges; Special Orders
- 4.1 Taxes. Orders may be subject to sales tax. All sales within India are subject to Delhi sales tax law.
- 4.2 Shipping. Please allow 3-5 business days for shipping for all orders. Our standard shipping method is DHL. However, if you need a guaranteed delivery date please don’t hesitate to contact us by phone or email to check on availability. Each DHL shipment is automatically insured for up to INR500. Please contact us if you desire additional insurance which can be provided at customer’s exchange. If your order is lost or damages during shipment contact us immediately. Keep all packing materials and paperwork so that a claim can be filed for damage during shipping.
- 4.3 Risk of Loss. All items purchased from us are made pursuant to a shipment contract, which means the risk of loss and title for such items pass to you upon our delivery to the carrier.
- 4.4 Returns & Exchanges. Items purchased through our Site may be exchanged within 15 days of receipt if returned unworn and in its original packaging. To return a purchased product for refund, you must notify us by email us at email@example.com within 15 days of receipt and receive a “Return Authorization Number”. You assume all responsibility for the security, shipping and handling of your returned and/or exchanged item(s). You may either exchange the item for another or have a refund issued if all the conditions for return are met. Sale items and special order items are not eligible for refund or exchange.
- 4.5 Special Orders. Please contact us by email about special orders (special requests, necklace lengths, pendant changes etc.). Timing and pricing will vary. All sales of special orders are final.
- 4.6 Lost Jewelry. Jewelry that is lost due to normal wear and tear is not covered under warranty.
- 4.7 Stolen Jewelry. Jewelry that is stolen after being received by the customer is not covered under warranty. If an order is stolen while in transit from OROSILBER to the recipient, OROSILBER will investigate and replace if warranted.
- 4.8 Plated Jewelry. All Plated Jewelry is warranted for 45 days from the date of delivery. Plated Jewelry showing signs of excessive wear and tear or polishing will not be accepted for return or exchange.
We make every attempt to avoid errors in pricing and product information. However, if a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in Indian Rupees.
6. Product Descriptions; Product Images
- 6.1 Product Descriptions. We attempt to be as accurate as possible when describing our products and designs. However, we do not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If one of our products or designs is not as described, your sole remedy is to return it in unused condition and in accordance with Section 4.
- 6.2 Product Images. We attempt to accurately depict the image, design, and color of the products offered on this Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. If one of our product images is not accurate, your sole remedy is to return it in unused and unworn condition and in accordance with Section 4.
7. Disclaimers; Links to Other Web Sites
- 7.1 Disclaimers. Unless specifically noted, the content, materials, products, services and information available on or through this Site are provided on an “as is” basis without warranties of any kind, and, to the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose.
The Company does not warrant that this Site, its servers, or e-mails sent from the Company are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this Site, Company emails or any information, content, materials, products or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You acknowledge that you use this Site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that the Company shall not be liable for any damages special, indirect or consequential of any kind related to your use of this Site.
- 7.2 Links to Other Sites. We do not make any representation or warranty with respect to any other web site you may access through this web site. If there is a link to another web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you.
8. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do not sell products for children, but rather to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use orosilber.com only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
10. General Terms
11. Social Media Code of Conduct
OROSILBER social media pages are for the personal use of website visitors and may not be used in connection with any third-party commercial endeavors. Any use that, in OROSILBER's sole opinion, constitutes illegal and/or unauthorized use of the OROSILBER social media pages, including posting offers or information of a commercial nature, collecting usernames and/or email addresses of visitors by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the OROSILBER website is strictly prohibited. You are solely responsible for your interactions with others on OROSILBER social media pages. OROSILBER reserves the right, but has no obligation, to monitor disputes between you and other users. Under no circumstances shall OROSILBER be held liable or responsible for the actions of third parties on any OROSILBER social media page. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts, comments, or conversations without notice. Appropriate legal action may be taken for any illegal or unauthorized use of any information on or associated with OROSILBER social media pages. OROSILBER reserves the right to remove any posting or comment (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the OROSILBER pages at any time, with or without prior notice, and without liability. The following is a partial list of content that is illegal or prohibited to post on or through OROSILBER social media pages. OROSILBER reserves the right to take appropriate legal action against anyone who, in OROSILBER's sole discretion, violates this provision. This may include removing the offending communication and terminating access of such violators. Prohibited or illegal content includes, but is not limited to content that:
- 1. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 2. solicits personal information from anyone under 18;
- 3. contains restricted or password-only access pages or images;
- 4. harasses or advocates harassment of another person, exploits people in a sexual or violent manner, or promotes racism, hatred or physical harm toward any individual or group;
- 5. contains nudity, violence, or offensive subject matter or links to an adult website;
- 6. promotes any criminal activity or provides instructional information about activities such as, but not limited to, violating someone’s privacy, transmitting or creating computer viruses, or making or buying illegal weapons;
- 7. solicits passwords or personal identifying information for commercial or illegal use; involves fraud, obscene material, child pornography, drug dealing, gambling, harassment, or sending of viruses or other harmful files;
- 8. includes advertising to, or solicitation of, any user to buy or sell any products or services through OROSILBER social media pages.
OROSILBER does not endorse any specific commercial product or company mentioned on the OROSILBER website or any commercial product or company linked to this website.
When purchasing a product, or service at the Website you declare the following:
- You are over 18 years old.
- You affirm that the order you place requires the use of a credit card and that either you are the person whose name appears on the credit card, or that your use of the credit card is authorized by the legal owner of the credit card and was not procured by fraud or other illegal means.
- We reserve the right to cancel any transaction in the event the credit card company fails to send confirmation of the purchase.
- We will not be responsible for the accuracy or correctness of the product, or design purchased from the Website.
- The product you receive from this Website is protected by copyright. You may not transfer or sell the purchased content to any third party.
- Purchased content is guaranteed to reasonably match its catalogue description and is sold “AS IS” without any option for refund or credit.
User Generated Content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, renders, pictures of 3D objects, pictures of any model, and comments on the Website. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
We have no obligation to review the User Generated Content or its accuracy and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily our opinion.
By submitting User Generated Content through the Services or Website, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
OROSILBER does not undertake that its services shall operate without disruption or interruption or be provided regularly, function safely and without error, or be immune to unauthorized access to OROSILBER’s computers or to damage, malfunctions, failures and defects – in hardware, software, communication lines and systems, at OROSILBER or at any of its providers.
Limitation of Liability
OROSILBER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF OROSILBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, OROSILBER’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT OF THE PURCHASED CONTENT OR INR1 IN CASE NO PURCHASE WAS MADE.
Notifications of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us for notice of claims of copyright or other intellectual property infringement at our “Contact Us” page.
Please provide our Agent with the following Notice:
- Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Changes in the Website and Termination of Services
OROSILBER may, from time to time, change the structure, display and design of the Website and the scope and availability of the services offered, charge payment for such contents and services at its discretion and change any other aspect related to the Website – all without any need for prior notification. Such alterations shall be performed, among others things, while taking into account the dynamic nature of the Internet and the technical and other changes which may occur from time to time. By their very nature, such changes may entail malfunctions and/or may initially cause inconvenience, etc. You will have no claim, suit and/or demand against OROSILBER as a result of the execution of such changes and/or of malfunctions deriving from their execution.
Software Malfunction or Website Interruption
OROSILBER will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the website or its services. You agree to defend, indemnify and hold harmless OROSILBER, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys’ fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the site.
OROSILBER strictly obeys the provisions of the law and respects the right of users of the Website and others to privacy and to a good reputation. If you think that any Content posted on the Website injures you for any reason, please contact us according to the following details, and we will make efforts to handle your claim as soon as possible.
Orosilber Lifestyle Pvt. Ltd., New Delhi - 110039 (INDIA)