All products, services, and information displayed on the Website constitute an “invitation to offer”. Your order constitutes Your “offer” which shall be subject to the Terms as listed here. Pinklay reserves the right to accept or reject Your offer. If You have supplied us with Your e-mail address, we will notify You by e-mail as soon as possible to confirm receipt of Your order. Our acceptance of Your order will take place upon dispatch of the product(s) ordered. No act or omission of Pinklay prior to the actual dispatch of the product(s) ordered will constitute Pinklay’s acceptance of Your offer.
By accessing the Website, you warrant and represent to Pinklay that you are legally entitled to do so and to make use of the information made available via the Website. Products and services are not available to minors. If You are below 18 years of age, You may use the Website only with involvement of a parent or guardian. It shall be Your responsibility to ensure that You are of legal age to form a binding contract and are not barred under the laws as applicable in India.
Pinklay retains the right to deny access to the Website to any new User(s) or terminate access granted to any existing User(s) at any time for any reason, without providing any reasons.
You are responsible for maintaining the necessary computer equipment and Internet connection that may be required to access, use, and transact on the Website.
By using this Website, You are granted a limited, non-exclusive, non-transferable right to the information on the Website in connection with Your personal, non-commercial, use of the Website. You may not copy, modify, reproduce, transmit, distribute, or create derivative works of such Content or information without express written authorization from Pinklay. In addition, You may not remove any copyright or other proprietary notices on any of the materials available on the Website.
Intellectual Property Rights
The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Website are owned and controlled by Pinklay or other third-parties that have licensed their use to Pinklay. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of Pinklay or the third-party that owns it.
All content on this Website, including but not limited to all text, images, illustrations, graphics, icons, artwork, audio clips, video clips, databases, hyperlinks, and meta tags, including the design, structure and arrangement, user interface, visual interface, and source code (collectively “Content”) is protected by copyrights, trademarks, patents, and other intellectual property rights that are owned and controlled by Pinklay or by other third-parties that have licensed their material to us. The Content is solely for Your personal, non-commercial use. You must not copy, modify, reproduce, republish, upload, post, transmit, or distribute such Content in any way, including by e-mail or other electronic means, whether directly or indirectly, and You must not assist any other person to do so. Without the prior written consent of Pinklay, use of the Content on any other website or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Pinklay welcomes hypertext links to this Website. You may establish a hypertext link to this Website, provided that the link does not state or imply any sponsorship or endorsement of Your Website by Pinklay. You must not use on Your Website or in any other manner any Trademarks or any other Content appearing on the Website, including any logos or characters, without the express written consent of Pinklay. You must not frame or otherwise incorporate into another Website or present in conjunction with or juxtaposed against such a Website any Content without Pinklay’s prior written consent.
Pinklay respects the intellectual property of others. If You believe Your work has been copied in a way that constitutes an Intellectual Property Right infringement, please address a complaint to [email protected]
Disclaimer of Warranty and Liability
Pinklay makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the Website. This Website, all Content, and products and services (including but not limited to software), included on or otherwise made available to You through this Website are provided by Pinklay “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice, Pinklay does not warrant that this Website will be constantly available or available at all, or the Content on this Website is complete, true, accurate, or non-misleading. Pinklay will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, this Website. Pinklay does not warrant that this Website, Content, information, materials, product (including software) or services included on or otherwise made available to You through this Website, servers, or electronic communication sent from Pinklay are free of virus or other harmful components. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
Pinklay shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third-party (including Your Company), as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any Content contained on the Website, and Your or Your Company's personal information or material transmitted over Pinklay’s system. Pinklay shall not be liable in any way to You or to any other person or Company whatsoever for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You agree to indemnify, defend, and hold harmless Pinklay 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 Pinklay 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 these Terms or any additional Terms applicable to the purchase of the products and services on the Website.
In no event shall Pinklay, its directors, employees, officers, partners, or vendors be liable to You or any third-party for any special, incidental, direct, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, or whether or not Pinklay 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 on the Website. Notwithstanding anything to contrary, Pinklay’s entire liability to You under the Terms or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
Pinklay shall not be liable for any third-party information, products, services, or links. The advertisements available on e-mail from Pinklay or the Website with respect to any third-party information, website, links, or products and services are for information purposes only.
The User understands and agrees that any Content 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 Content.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have additional rights. All the products and services sold on the Website are governed by different state laws and if the Website is unable to deliver such products due to different state law implications, Pinklay will return or give credit for the amount received by Pinklay from the sale of such products and services that could not be delivered to You. It is Your responsibility to ensure that the products purchased on this Website are not restricted in Your home state. Pinklay shall not be responsible for any non-compliance with regard to the local state laws.
The exclusions and limitations in this section apply to the maximum extent permitted by applicable law.
The use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use the Website.
If Your age is below 18 years, Your parents or legal guardians can transact on behalf of You if they are registered users. Pinklay reserves the right to terminate Your membership and refuse to provide You with access to the Website if Pinklay discovers that You are under the age of 18 years.
The Website is not available to persons whose membership has been suspended or terminated by Pinklay for any reason whatsoever. Membership is available to anyone who registers all required information, provides an accurate, legitimate e-mail address, and obtains a unique username and password. Pinklay does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference, or nationality. Pinklay allows one registered membership per legitimate e-mail address. Pinklay must approve any exceptions, including the use of one e-mail address by multiple users.
Pinklay may make available the products and services only if You have provided Pinklay with certain required User information and created an account by completing the Website registration form. You will make all reasonable efforts to ensure that the information provided by You in the Website registration form is complete, accurate, and up-to-date. Use of another User's account information for availing the products and services on the Website is expressly prohibited.
You agree that any use on the Website is at Your own risk and Pinklay is not responsible for it. 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. You agree to immediately notify Pinklay of any unauthorized use of Your account information or any other breach of security and ensure that You exit from Your account at the end of each session on the Website. You may be held liable for losses incurred by Pinklay or any other User of or visitor to the Website due to authorized or unauthorized use of Your account as a result of Your failure in keeping Your account information secure and confidential.
If You provide any information that is or becomes untrue, inaccurate, not current or incomplete, or Pinklay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pinklay has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion of the Website).
You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Website. By posting, storing, or transmitting any Content on the Website, You hereby grant Pinklay a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such Content in any form (in whole or in part), in all media now known or hereinafter created, anywhere in the world. You also permit any other User to access, view, store, or reproduce Your Content for their personal use.
You shall not upload Content on the Website that is protected by copyright, trademark or other proprietary right without the express permission of the owner of that copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Pinklay does not have the ability to control the nature of the User-generated Content on the Website. You are solely responsible for Your interactions with other Users of the Website and any Content You post. Pinklay is not liable for any damage or harm resulting from any posts by or interactions between Users. Pinklay reserves the right, but has no obligation, to monitor interactions between Users and to remove any Content Pinklay deems objectionable.
Any feedback You provide on this Website shall be deemed non-confidential. Pinklay shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that Your feedback does not contain proprietary or confidential information of You or of third-parties. Pinklay is not under any obligation of confidentiality, express or implied, with respect to the feedback and You are not entitled to any compensation or reimbursement of any kind from Pinklay for the feedback given by You under any circumstances.
Rules of Conduct
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of Pinklay. Pinklay may review, edit, reject, refuse to post, and/or delete any Content that in the sole discretion of Pinklay violates these Terms or which might be offensive, illegal, violate the rights, harm, or threaten the safety of another person. Any information provided by You on this Website shall not be misleading in any way.
You must use the Website in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Website, including without limitation, collecting usernames and/ or e-mail addresses of registered Users by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Website, as well as attempting to gain unauthorized access to the Website or exceeding Your authorized access.
You understand that Pinklay has the right at all times to disclose any information (including the identity of the Users or persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Pinklay can (and You hereby expressly authorize Pinklay) to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Pinklay shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.
It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. Pinklay does not approve of such unauthorized uses but by using the Website You acknowledge and agree that Pinklay is not responsible for the use of any personal information that You publicly disclose or share with other Users on the Website. Please carefully select the type of information that You publicly disclose or share with other Users on the Website.
Pinklay shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
You hereby expressly agree to receive communications, including but not limited to administrative and promotional e-mails and newsletters from Pinklay by SMS and e-mail, and other known or hereinafter created communication mediums. Pinklay will send You information regarding Your account activity and purchases, as well as updates about Pinklay’s products and services, and promotional offers. You can unsubscribe from receiving all promotional and marketing material at any time by clicking on the unsubscribe link at the bottom of the e-mail communication or by contacting [email protected]
All notices from Pinklay and the Website will be served by e-mail to the primary e-mail address designated by You in Your account information or by general notification on the Website. Any notice to be provided to Pinklay pursuant to the Terms should be sent to [email protected] You agree that all agreements, notices, disclosures, and other communications that Pinklay provides to You electronically satisfy any legal requirement that such communications be in writing.
All payments made against purchases on the Website by You shall be as against the MRP displayed on the Website. Pinklay may employ a third-party online payment gateway provider(s) to facilitate payments on the Website. Use of such third-party online payment gateway provider services will be governed by their Terms and Conditions as applicable for Your nature of activities.
You agree, understand, and confirm that the debit/credit card or net banking details provided by You for availing of services on the Website will be correct and accurate and You shall not use the debit/credit card or net banking which is not lawfully owned by You (i.e., in a transaction You must use Your own debit/credit card or net banking account). You further agree to provide the correct and valid debit/credit card or net banking details to the Website, Company, and payment gateway provider. Before dispatching Your order to You, Pinklay may require You to provide additional supporting documents to establish the ownership of the payment instrument used by You for Your purchase.
You will be solely responsible for the security and confidentiality of Your debit/credit card or net banking details. The Website will not be liable for any debit/credit card or net banking fraud any loss or damage arising directly or indirectly to You including but not limited to the lack of authorization for any transaction(s), exceeding the preset limit mutually agreed by You and Your bank, payment issues arising out of the transaction, or the decline of the transaction(s) for any other reason(s). The liability for use of a card or net banking fraudulently will be on You and the onus to prove otherwise shall be exclusively on You. Pinklay shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization of any transaction for any reason whatsoever. Pinklay will not share Your debit/credit card or net banking details with any third-party unless required by law or court order.
Pinklay will make all reasonable efforts, but does not guarantee the delivery of products and services in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be terminated if Pinklay fails to deliver one or more products in the stipulated time frame. However, if You fail to take delivery of the goods, Pinklay may at its discretion charge you additional shipping cost.
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Pinklay’s delivery to the shipping carrier.
Returns and Refunds
Pinklay will make all reasonable efforts to deliver defect-free products to You. Pinklay does not take title to any returned products purchased by You unless the item is received by Pinklay. Products and services purchased on the Website do not qualify for return unless the product delivered is damaged or has defects. It is Your responsibility to intimate Pinklay of any such damage or defects in the product purchased and received by You within 48-hours of delivery, failing which the product(s) will not qualify for returns unless expressly covered by the product warranty even in case the said product has been wrongly delivered. Upon verification, if the claim is found valid, Pinklay will make arrangements to collect the damaged product(s) and either replace the product(s) or offer You a full refund via Your initial method of payment. Pinklay reserves the right to make the final judgment on whether a product has been significantly damaged and the right to determine whether a refund will be issued.
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Pinklay reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled shall include but not limited to product availability, errors in product or pricing information, etc.
Pinklay will regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Pinklay reserves the right to cancel all past, pending, and future orders without any liability. Pinklay also reserves the right to refuse or cancel orders due to inaccuracies in pricing of products on the Website and stock unavailability.
Pinklay may also request additional verifications or information before accepting Your order. Pinklay will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your debit/credit card has been charged, the said amount will be fully refunded via Your initial method of payment. Any promotional and discount vouchers, coupons, and codes used for the cancelled orders may not be refunded.
Pinklay will try its best to deliver products exactly the way they appear on the Website. However, many of Pinklay’s products are handcrafted resulting in minor shape, size, color, texture, and design variations. Pinklay disclaims any guarantees of exactness of the finish or appearance of the final product ordered by You over and above generally acceptable standards on the same. The quality of the products, services, and Content purchased or obtained by You through the Website may not meet Your expectations.
Changes to certain aspects of Your order may be required due to limitations caused by availability of the product. In such instances, You agree that Pinklay will call You or send an approval request via Your registered e-mail address which You submitted when placing Your order. If You do not agree with the requested change, you retain the right to reject the requested change by replying within 5-days of the approval request being sent to You, following which Your order will be cancelled and You will be fully refunded via Your initial method of payment.
Pinklay tries to be as accurate as possible in the Content it provides on the Website. However, Pinklay does not warrant that product(s) or service(s) descriptions or other Content on the Website is accurate, complete, reliable, current, or error-free. If a product(s) or service(s) offered by Pinklay is not as described on the Website, Your sole remedy is to return it in unused condition.
Pricing Error and Discrepancy
Pricing on the product and service is as it shows, however on occasions due to any technical issue or typographical error the actual product or service price may vary. If Pinklay comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
If a product or service’s correct price is lower than the Website stated price, Pinklay will charge the lower amount and send You the product or service. If a product or service’s correct price is higher than the Website stated price, Pinklay will cancel Your order and notify You of that cancellation.
The product or service price mentioned on the Website is the Maximum Retail Price (MRP) for the said product or service. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Pinklay reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery charges which may include postal/shipping charges to deliver the product or services ordered by You on the Website.
Third-Party Content and Links
External third-party links (“Third-Party Links”) may be provided for general information purposes only on the Website or via e-mail from Pinklay, but they are beyond the control of Pinklay and no representation is made as to their Content, including any link contained in Third-Party Links, or any changes or updates to Third-Party Links. Use or reliance on any Third-Party Links provided on the Website and the Content thereon provided is at Your own risk. Pinklay does not provide any guarantee with respect to any Third-Party Link and shall not be held liable for any loss suffered by You or any other company due to Your reliance on or use of such Content. Pinklay is providing these Third-Party Links to You only as a convenience, and the inclusion of any Third-Party Link does not imply endorsement by Pinklay of the Third-Party Link or any association with its operators. You are responsible for verifying the accuracy of all Third-Party Links on Your own before undertaking any reliance on such information.
Force Majeure/Act of God
Failure on the part of Pinklay to perform any of its obligations and the inability to provide a product or service shall not entitle You to raise any claim against Pinklay or be a breach hereunder to the extent that such failure arises from an event of Force Majeure or Act of God. If through Force Majeure or Act of God the fulfillment by either party of any obligation set forth in this Terms will be delayed, the period of such delay will not be counted on in computing periods prescribed by the Terms. Situations include but not limited to any war, civil commotion, strike, governmental action, lockout, accident, epidemic, natural calamities, or any other event of any nature or kind whatsoever beyond the control of Pinklay that directly or indirectly hinders or prevents Pinklay from performing its obligations. You expressly agree that lack of funds shall not constitute or be considered an event of Force Majeure.
Any failure by Pinklay to enforce or exercise any provision of the Terms at any time or for any period, or any related right, shall not constitute a waiver of that provision or right.
Conflict of Terms
If there is a conflict or contradiction between the provisions of the Website Terms and any other relevant Terms, conditions, policies or notices, the other relevant Terms, conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of Your use of the relevant section or module of the Website.
Any provision of any relevant Terms, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of relevant Terms, policies and notices shall remain in full force and effect.
The use of this Website, the Terms, all transactions, and the relationship between Pinklay and You shall in all respects be governed by the laws of the state of Rajasthan, India, regardless of the laws that might be applicable under principles of conflict of law. The User agrees that the courts located in Jaipur, Rajasthan, India shall have exclusive jurisdiction over all controversies, claims, differences, and disputes arising under the Terms and agrees that the venue is proper in those courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Website, products and services, Content, or this Terms must be filed within 1-year after such claim or cause of action arose or be forever barred.
By agreeing to the Terms, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Pinklay may, in its sole discretion and without prior notice, terminate Your access to the Website and cancel any outstanding orders for products and services if Pinklay determines that You have violated the Terms. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pinklay, for which monetary damages is likely to be inadequate, and You consent to Pinklay obtaining any injunctive or equitable relief that Pinklay deems necessary or appropriate. These remedies are in addition to any other remedies Pinklay may have at law or in equity. Pinklay will also be entitled to recover from You, and You agree to pay, all reasonable lawyer and court fees and costs of such action, in addition to any other relief granted to Pinklay.
In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report it to [email protected]
If You want to terminate Your agreement with Pinklay, You can do so by not accessing the Website, and closing your account on the Website (if an account exists).
Pinklay shall not be liable to You or any third-party for any such termination. Termination shall not affect your liability or obligation arising prior to any such termination. Pinklay reserves the right to cease operation of the Website including but not limited to the entire or a portion of the Website, and distribution of products and services at any time, without advance notice to You.
The headings included here are for Your convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by You or any other section or pages of the Website in any manner whatsoever.
The Terms apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include(s)”, and “including” shall be deemed to be followed by the phrase “without limitation”.