TERMS & CONDITIONS

This document, i.e., the Terms of Use (“Terms”) contains the terms and conditions between Pinwheels Accessories LLP, (“we”, “our”, “us”) that owns and controls the brand known as ‘Pinwheels Accessories’ and you the user of the Website (“User”, “you”, “your”). Pinwheels Accessories LLP is a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 in India and having its registered office at A-1, Navroze Mansion, 1st Floor, Above Amar Restaurant, Opp Bhatia Hospital, Tardeo, Mumbai 400007.

To make this reader-friendly, we have divided these Terms of Use into four sections. These are:

Acceptance of the Terms
Terms of Use of the Website
General Terms & Conditions of Sale
Legal Terms & Conditions

1. Acceptance of the terms:

Pinwheels Accessories offers sale and delivery of its products through this Website (“Services”), conditional to your acceptance of these Terms. Your acceptance of these Terms is essential for us to provide our Services safely and seamlessly, in accordance with the applicable law(s).

Please read these Terms very carefully. If you do not agree to these Terms, Pinwheels Accessories will not be able to provide any of its Services to you.

By accessing or viewing the Website and/or using the Services, including but not limited to making an Account (as defined below), you represent that you have read the Terms and agree to be bound by the same.

These Terms, together with any other terms that you may agree to by reference, constitute a legally binding agreement (“Agreement”) between you and the Pinwheels Accessories.

We may amend/modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Website. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails. Your continued use of our Services will constitute your agreement to any changes we make.

If you do not agree to the Terms & Conditions as may be modified from time to time, you have the option to not avail or discontinue from availing our Services.

2. Terms of Use of the Website

Legal age and Eligibility

In order to avail of our Services, you must be of legal age and eligible to enter into a binding contract with us, as per the laws applicable to you.

Corporate User

If you are availing our Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and the Pinwheels Accessories for any violations of the Agreement.

Advertisement and Promotions

By accessing our Website, you agree that we can display events or promotional offers relating to our Services including the ones that in our opinion, may be relevant to you and your interests.

Restrictions

When using our Website, you undertake not to:

Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract, or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
Violate the rights of Pinwheels Accessories or others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity, or other proprietary rights;
Harm minors in any way;
Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer, digital network or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the Website software;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including our servers, networks, or accounts;
Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, e-mail addresses, or other data from the Website, or to circumvent or modify any security technology or software that forms part of the Website;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner whatsoever including through the Website;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload, or otherwise transmit an image or video of another person;
Download, save or share any images, descriptions, etc. being part of the Website Content (as defined below) or copy, manufacture, or sell any of our designs, for any reason whatsoever, or use our Services for commercial purposes;
Use the Website in a manner inconsistent with any and all applicable laws;
Attempt, facilitate, or encourage others to do any of the foregoing.

Pinwheels Accessories reserves its right to restrict, suspend or terminate your access or use of the Website for violation of any of the aforesaid restrictions or for any other unlawful or inappropriate conduct.

Pricing

It is possible that prices may be inaccurately displayed on the Website due to system or typographical errors, despite our attempts to avoid these errors. Pinwheels Accessories is not bound by any inadvertent errors or inaccurate advertised prices. We reserve the right to correct any and all errors in the prices, without notice at any time. In the event an order is placed at a price that is lower than the actual price of the product, Pinwheels Accessories shall have the discretion to cancel the order and request the customer to re-order the product or pay the amount of price difference to us.

We do not negotiate prices on our products and all our prices are final.

We shall not be liable to Users or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Intellectual Property Rights and Grant of Rights

For purposes of this Agreement “Website Content” shall mean the Website, and all information and/or content that you see, hear, or otherwise experience on the Website including but not limited to product designs, text, graphics, images, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website.

All the products and the Website Content are the property of Pinwheels Accessories and are protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Website Content and the products, including their designs (except for common designs such as earrings known as “studs”, “tennis bracelets” etc.). You agree that by virtue of your use of our Website or Services, you do not acquire any intellectual property rights vested with Pinwheels Accessories.

We hereby grant you a limited license to access and make personal use of our Website, subject to conditions, inter alia, in this section 2.

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the products or our rights in the products or the Website Content, except as expressly permitted in the Agreement, without Pinwheels Accessories’s express prior written consent.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any rights you may have in your information for the purposes, as more particularly stated in our Privacy Policy.

Third-Party Services and Content

The Website may be integrated with or may otherwise interact with third-party servers, applications, websites, etc. (“Third-Party Services”) to make our Services available to you. Your use of these Third-Party Services will be governed by and subject to their respective terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party application or for any transaction, you may enter into with the provider of any such Third-Party Services, nor do we warrant the compatibility or continuing compatibility of the third-party applications with the Website.

The Website may contain hyperlinks to external websites owned and operated by third parties. We have no responsibility in relation to the accuracy, completeness, and quality of the information contained within such third-party sites, and you access these sites at your own risk. Any and all contents on such third-party sites do not reflect the services or information provided by us. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services. References to any external links should not be construed as an endorsement of the links or their content by us.

When you use the Website, we will collect certain information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available here.

3. General Terms & Conditions of Sale

User Account

To obtain our Services, the Users are provided with two options on the Website – to “Continue as a Guest” or to create their User Account on the Website, by either “Signing Up” and manually creating an account (each such account shall be referred to as “Account”).

To manually create an Account with us, you will be required to provide us with your true and correct: i) first name; ii) last name; iii) e-mail address; iv) age; v) gender; vi) location and address for delivery; and vii) a password for logging in to your Account (collectively “Account Information”).

We reserve the right to add, edit, modify, delete any Account Information provided by you or your User Account, in the event the same, in our sole discretion, is in breach of any applicable law and/or these Terms and/or Pinwheels Accessories’s policies at any time. We reserve the right to delete any User Account that becomes inactive for more than 2 (two) years.

When you order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order. In order to understand how we process, collect and store your personal data, please check our Privacy Policy.

You hereby acknowledge and understand that it may take 48 (forty-eight) hours or more to validate and activate your Account. You also agree that you won’t disclose your Account password to any third person, and you will notify us immediately of any unauthorized use of your Account. You are solely responsible for all activities that occur under your Account, whether or not you are aware of them. We may restrict, deactivate or terminate your access to the Website or your Account if we believe you are in breach of these Terms.

Order & Delivery

Pinwheels Accessories does not usually maintain a ready inventory of products displayed on the website. Each product is made to order i.e., the product is assembled after receipt of, and on the basis of the details of each order placed by the Users. Please note that completion of the online checkout process shall not constitute our acceptance of your offer to purchase products from us. Our acceptance of your order is, inter alia, subject to our receipt of payment from you and availability of necessary material for producing the relevant products.

Prior to dispatch of the product(s), Pinwheels Accessories has the right to decline an order for any reason, including legal or regulatory reasons or non-availability of necessary materials due to unforeseen circumstances.

We will notify you by e-mail as soon as possible to acknowledge that we have received and are processing your order. If we cannot supply you with the product you ordered, we will not process your order, address an email notifying you of the same, and, if you have already paid for the product or service, refund the full amount, as soon as reasonably possible.

In case of orders in respect of our ‘Bespoke’ feature, we will accept your order only if we are able to customise the product, after receiving clear and final instructions from the User along with full payment.

The duration of our contract with you will start from when you receive the order dispatch e-mail and last until the last day of your right to return the products.

Payment

The digital payment service is provided on the Website using a third-party payment gateway. By clicking on the payment link on the Website and entering the payment details, the User confirms that the credit or debit card or banking information provided is complete, accurate, and their own. Please check our Privacy Policy to understand who collects, processes, and stores the payment information supplied by the User at the time of payment.

The total invoice amount will contain the cost of the product, applicable taxes, charges as well as delivery fees. We may charge a transaction fee to the Users for facilitating the digital transaction, depending on our understanding with the payment gateway service provider.

The User shall be liable for any damages, loss, costs, expenses, indirect losses, or consequential damages of any kind that may be suffered or incurred by Pinwheels Accessories as a result of any fraudulent or illegal transaction perpetrated by the User.

Pinwheels Accessories does not guarantee the security of the payment information provided by the User on the payment gateway link. We do not accept or assume liability for any damages, losses, costs, expenses, indirect losses, or consequential damages of any kind which may be suffered or incurred by the User from the use of the third-party payment gateway service.

All card payments shall be subject to authorisation by the User’s card issuer. We take full payment immediately for all products.

Pinwheels Accessories shall retain ownership of the products sold until the order has been paid for in full. If full payment is not received by us but the User has already received the product, User undertakes to complete payment or return the product(s) to us at their expense, in accordance with our return instructions and in the same condition as when the User had received them.

Returns, Exchanges, and Cancellations

As Pinwheels Accessories specially assembles its products after receipt of User’s orders, we are not able to offer any returns or exchanges on our products. An order once placed, shall be final and non-refundable.

Once the order is placed by the User, there can be no cancellation for any reason whatsoever, except only in a situation where the delivery of the product(s) is delayed by more than 45 days beyond the projected delivery date. In such a case, the User may cancel the order at his/her option by contacting us at pinwheels001@gmail.com and we will issue an exchange or replacement.

In the event the User receives the wrong product(s) or product(s) in a damaged condition, the User must e-mail us at pinwheels001@gmail.com within 48 hours of receipt of the package, along with images of the product(s). Once we confirm that the products were received by the User in a damaged condition, we will arrange for a reverse pick-up of the product(s). The products must be returned to us in an unused condition along with the relevant invoices. Once we receive the product(s), we will inspect the same, and subject to our satisfaction that the product is indeed damaged, or that the wrong product was dispatched to the User and has been returned in an unused condition, we will process an exchange or replacement.

In case of information received from the User after 48 hours of receipt of the package, we will arrange to repair the product and if it is irreparable, we will issue a replacement at no additional cost to the User.

Please note that minor differences in the appearance, colour, or weight of the products as compared to the images and/or specifications on the Website, shall not be considered to be “receipt of wrong product” or “product(s) received in damaged condition”. The decision regarding whether a product is damaged or not shall be at the sole discretion of Pinwheels Accessories.

Force Majeure

You acknowledge that Pinwheels Accessories may not be able to deliver the products under an order or there may be a long delay in delivery of the same, due to force majeure events such as natural disasters, fire, pandemics or epidemics, etc. Pinwheels Accessories has the sole discretion to cancel or postpone your orders in case of occurrence of such force majeure events. Please note that Pinwheels Accessories shall not be liable to Users for any such cancellation or delayed delivery of User’s orders.

4. Legal Terms & Conditions

Disclaimers

Pinwheels Accessories is a jewellery manufacturing unit, which designs, assembles, and sells its products on the Website. The raw materials used in our jewellery products, including semi-precious stones and semi-precious metals are obtained by us from third party suppliers based on their representations (“Raw Materials”). We do not, either explicitly or impliedly, guarantee the authenticity of the Raw Materials. We do not accept or assume any liability in respect of the authenticity, reliability, or durability of the Raw materials.

We attempt to be as accurate as possible, however, we cannot guarantee that any and all data on the Website, including product details are error-free, reliable or complete. The product descriptions are accompanied by images of the products and/or computer-generated graphic designs of the product, for representation purposes only. The actual size, weight, appearance, colour, feel or look of the product may vary.

We expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, applicability to you, timeliness, and performance of our Services, including the Website or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by Pinwheels Accessories will create any liability or warranty that is not expressly stated in the Agreement. Nothing available on the Website shall constitute Pinwheels Accessories’s opinion and should not be relied upon in making (or refrain from making) any decision.

Pinwheels Accessories does not accept or assume any liability in case of interruption of its Services through this Website, as a result of any maintenance issues or upgrades, emergency repairs, or failure of telecommunications links and equipment or events that are beyond our control. The User shall be responsible for obtaining and maintaining telephone, computer hardware, and other equipment needed for access to and use of the Website and all charges related thereto. We shall not be liable for any damages to the User’s equipment resulting from the use of the Website.

We have partnered with third-party courier services for the purpose of delivering our products and payment gateway services for receipt of digital payments. We specifically disclaim any liabilities and warranties with respect to the delivery of our product(s) to you, once they have been shipped from our warehouse.

Indemnity

You agree to indemnify, defend and hold harmless Pinwheels Accessories, its partners, licensors, or affiliates from and against any claims, losses, expenses, or costs arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

Limitation of Liability

To the maximum extent permissible by applicable laws, in no event will Pinwheels Accessories and/or its partners be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Website, whether the damages are foreseeable, and/or whether or not we have been advised of the possibility of such damages in advance. In the event you are in a jurisdiction that does not allow the limitation of liability in the manner stated hereinabove, this limitation shall not apply to you.

Except as otherwise required by applicable law, any claim or cause of action you may have against us must be brought to our attention within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

We and/or our partners shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, an act of God, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

Governing Law and Jurisdiction

The Agreement shall be strictly governed by and constructed in accordance with the laws of India, the Courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Website.

Arbitration

In the event of any disputes, differences, or claims arising between us and yourself in connection with the Agreement, during its subsistence and/or after their termination in any manner whatsoever, the parties entering into the Agreement shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations.

Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be finally settled by way of arbitration in Mumbai, in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated in this section by reference. The arbitral tribunal (“Arbitration Board”) shall consist of 1 (one) arbitrator, to be appointed by the Council of Arbitration of the MCIA (including the Committee of the Council), in accordance with the MCIA Rules. All disputes at the first instance shall be resolved in accordance with the expedited procedure set out in Rule 12.3 of the MCIA Rules (“Expedited Arbitration Procedure”). If for reasons, the arbitration cannot be conducted in accordance with the Expedited Arbitration Procedure, the disputes shall be resolved in accordance with the remaining provisions of this arbitration provision and the MCIA Rules, without giving effect to the Expedited Arbitration Procedure under the MCIA Rules.

The seat and venue of the arbitration proceedings shall be Mumbai, India and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration Agreement shall be the laws of India.

The Arbitration Board shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For the avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.

The Arbitration Board shall also have the power to decide on any dispute regarding the validity of this arbitration provision.The Arbitration Board shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the Arbitration Board: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into the Agreement.

Miscellaneous

No injunctive relief: To the maximum extent permissible under applicable law, you shall not have the right to seek an injunction or injunctive relief against us for any reason whatsoever. This section shall survive the termination of the Agreement.
Severability: In the event that any term, condition, or provision of the Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from the Agreement and shall be of no force and effect and the Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in the Agreement.
Notices: Notices by you to us hereunder shall be invalid unless made in writing and duly signed, and sent to our e-mail address or to the mailing address provided below.
Assignment and Delegation: You cannot transfer your Account or assign any of your rights or delegate any of your obligations under the Agreement. We may freely transfer, assign or delegate the Agreement or our rights and duties under the Agreement.
No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
Headings: The section headings are for convenience only and shall not limit, govern, or otherwise affect the interpretation or construction of the Agreement in any way.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the within-subject matter and supersedes any previous understanding, document, e-mail between the parties. This Agreement shall only be modified in writing, executed by both parties.
Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions if any.

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