Terms & Conditions
1. DEFINED WORDS AND PHRASES
Whenever used in this Agreement, these words and phrases will mean:
Mughal Camel- Mughal Camel is the website of GIE Gold Creations Pvt. Ltd.
Mughal Camel- Mughal Camel, Design by JOJ, GIE Gold Creations Pvt. Ltd. Company. Mughal camel may also be referred to in this Agreement as “we” or “us” or “our.”
Mughal Camel Products—a collection of Products Mughal Camel creates and provides to its Customers. Mughal Camel Products may also be referred to as “Product” or “Our Product.”
Mughal Camel Services—a collection of Services Mughal Camel creates and provides to its Customers. Mughal Camel Services may also be referred to as “the Services” or “Our Services.”
Agreement—all terms, conditions, and policies contained in this Agreement, as we may modify it periodically in the future. The agreement may also be referred to as “Terms of Sale”.
Customer—an Entity or person who is a Customer or Prospective Customer of Mughal Camel.
Entity—a firm, company, corporation, limited liability company, partnership, trust, association or other entity or group company, partnership, corporation or other entity, organization or group.
Representatives— Mughal Camel’s directors, officers, shareholders, member, manager, owner, employees, accountants, agents, attorneys, consultants, independent contractors, licensors, licensees and other representatives.
Other defined words and phrases may be located elsewhere in this Agreement.
2. ACCEPTANCE OF OUR TERMS OF SALES
By placing an order with us for a Product or Service, you are agreeing to Our Terms of Sale and the following terms, conditions, and policies, including any future amendments we may make (Agreement).
3. OUR PRODUCTS AND SERVICES
We create custom jewelry Products, provide jewelry design Services, sell diamonds and gold and deliver other jewelry related Products and Services to our Customers.
4.1. Estimated Price. As a Customer courtesy and on request, when an order is submitted, we will provide you a reasonable estimate of the price we will charge you for your Product or our Service. While we would like our estimates to be a firm price or be close to the final price we will ultimately charge you, regrettably, we cannot. The variability in the actual time we will expand, fluctuating costs of materials, like gold and diamonds, and the time we will expend completing your order cannot be accurately estimated when a Customer places its order. We will only know the actual price for your order once we have begun and have completed your order for a Product or Service. Moreover, you should not rely on any estimate that is older than 48 hours. After 48 hours, our estimate may be highly inaccurate, due to intervening circumstances.
4.2. Estimated Delivery Date. When a Customer submits an order, we will also provide an estimate of the date by which we expect to complete the order and deliver the Product to the Customer. Unfortunately, this is only an estimated delivery date and not a guaranteed one. Delivery of a Customer’s order may be delayed for a variety of circumstances, many outside our control or are doing. Delays in the Customer approving its design, delays in the delivery of needed materials and manufacturing difficulties can also add to delays in delivery.
5. SUBMISSION AND APPROVAL OF DESIGNS
5.1. Customer Revisions to Design. Where practicable, we allow our Customers to make a reasonable number of revisions to their custom design. The number of revisions we allow a Customer to make, however, can vary from order to order. Regardless, we may assess additional charges for an abnormal number of revisions a Customer makes to its order.
5.2. Customer Approval of Design. We will create an initial design sketch and submit it to the Customer for its review and revisions. We will continue the process of making design revisions until the design is complete and the Customer has approved it. This entire design process from initial sketch, revisions and final approval must be completed in 30 days. If the Customer has not approved its design within 30 days after the process begins, we may delay the manufacturing and delivery of the completed Product to the Customer and may assess additional charges.
5.3. Manufacturing of Customer’s Design. Once the Customer has approved its design; we will begin manufacturing and will complete the Customer’s Product based on this previously approved design. When manufacturing is complete, we will deliver the finished Product to the Customer. If we have made the Product to the Customer’s approved design, it will be its responsibility to accept and pay for the completed Product. If a Customer wishes to make changes to its completed Product, we will work with it, letting the Customer know what we are able to do, as well as provide it with an estimate of the additional cost to rework its Product.
5.4. Customer Decision Not to Manufacture. Once we begin the design process, it is the Customer’s obligation to pay us for our design work, even if it later decides not to have the Product manufactured. In this instance, we will charge the Customer for our Services in doing the design work.
5.5. Copy of CAD File. If a Customer wants a copy of the Computer Aided Design, known as CAD, a file that contains the design we have created of its Product, we will provide the Customer with the cost of this copy of the CAD file. We, however, will retain all copyright, trademark or other intellectual property rights related to the CAD file we deliver to a Customer.
6.1. Stones Furnished by Customers. Often, Customers will furnish us stones: diamonds, gemstones and other precious stones that are separate or part of an existing Product of jewelry and ask us to incorporate them into a custom designed Product. It is our practice to inspect stones for any breakage, flaws or other issues as soon as we receive them from Customers. However, it is the Customer’s responsibility to inspect and note the condition of any stones: diamonds, gemstones, and other precious stones—it furnishes us and to assume all responsibility for the condition in which they are delivered to us. We take no responsibility whatsoever for the loss, theft or damage of stones the Customer has furnished us that are not caused by our intentional or negligent actions.
7.1. Payment Methods Accepted. Customers may submit their payments to us by one of several methods—by Credit card, Debit Card, through PayPal.
8. CANCELLATIONS AND RETURNS
8.1. Returns. In our discretion, we will allow returns within 30 days after the product has been delivered. Our decision on whether to allow a Customer to return or not return a Product will be influenced by many factors, such as whether the Product is a custom or stock Product and our ability to sell the returned Product to another Customer. If we allow a Customer to return a Product, the returning shipping fee is to be bared by the customer itself.
8.2. Cancellation of Order. If a Customer wants to cancel its order once the manufacturing process has begun, the Customer will be liable to pay for the costs of cancellation. At the time the Customer indicates its interest in canceling its order, Mughal Camel will provide a cancellation price, taking into account associated costs, lost profit, labor and time expended to date and costs of scrapping the Customer’s order.
9. OUR WEBSITE
10. CUSTOMER'S INTELLECTUAL PROPERTY
10.1. Retention of Copyright Ownership. When you provide us with designs, pictures, graphics and other documents or materials (Customer Supplied Items), you retain ownership of any copyrights, trademarks or other intellectual property rights you have expressly claimed. However, you will be granting us a nonexclusive license in the rights in Customer Supplied Items you own.
10.2. Your Representations and Warranties about Customer Supplied Items. You also represent and warrant to us that, with respect to all Customer Supplied Items you have transmitted, delivered, and otherwise made available to us: You either own or have all rights and licenses needed to use, reproduce, distribute, sublicense, transfer and otherwise exploit such Customer Supplied Items and No design and other material will infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party, including the rights of another jewelry manufacturer, distributor or retailer.
10.3. Grant of License to Customer Supplied Items. By submitting Customer Supplied Items to us, when and as you do so, you grant to us a worldwide, non exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit your Customer Supplied Items for any purpose and in any medium, by any means currently existing or yet to be devised.
11. OUR INTELLECTUAL PROPERTY
11.1. Ownership of Our Intellectual Property. Mughal Camel owns controls and licenses all designs, graphics, photographs, trademarks, Service marks and logos (collectively, "Mughal Camel Intellectual Property" or “Our Intellectual Property”).
11.2. Our Intellectual Property Rights. Our Intellectual Property is protected by copyright, and trademark laws, and various other intellectual property laws and rights in India. We reserve all rights.
11.3. No IP Ownership Transfer. No right, title or interest in Our Intellectual Property is transferred to you or granted under a license, except as we have expressly stated.
12. LIMITED WARRANTY
12.1. Limited Warranty. Mughal Camel stands behind all Products we manufacture and sell and warrants that Customer’s Product will be free from manufacturing defects in materials and workmanship for 30 days from the date we ship it to you. Customer must inspect our Product within 5 days after receipt. IF YOU DISCOVER ANY DEFECTS IN OUR PRODUCT AFTER THE 30DAYS WARRANTY PERIOD, THEY WILL NOT BE COVERED BY THIS LIMITED WARRANTY, UNLESS WE HAVE AGREED, IN WRITING, TO EXPRESSLY EXTEND THE LENGTH OF YOUR WARRANTY. YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF OUR LIMITED WARRANTY WILL BE AS SPECIFIED BELOW.
12.2. Your Exclusive Warranty Remedies. OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY PRODUCT. BREACH OF THIS LIMITED WARRANTY WILL BE, AT OUR OPTION, EITHER REPAIR OR REPLACEMENT OF YOUR
12.3. No Additional or Special Damages. IF WE ELECT TO REFUND THE AMOUNT YOU HAVE PAID US, YOU ARE NOT ENTITLED TO ANY OTHER MONIES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND LIQUIDATED OR PUNITIVE DAMAGES THAT YOU MAY HAVE INCURRED.
12.4. Warranty Service. If you find an imperfection or defect in your Product and believe it is covered by our Limited Warranty, you will need to return the purchased Product, at your expense, along with a copy of your invoice or another purchase receipt. You will be responsible for paying all costs of shipping and insuring your Product to and from us. When we receive your purchased Product, we will make an inspection and determine whether or not your Product is covered by our Limited Warranty. We will notify you whether or not your Product is covered by our Limited Warranty and, if covered, what remedy we are electing to provide you—repair or replacement. If the imperfection or defect in your Product is due to our manufacturing process, we will perform warranty service on your Product as specified. If we determine that your Product is no longer covered by our Limited Warranty, we will return the Product to you at your expense. If we elect to repair or replace your Product, we will use commercially reasonable efforts to provide your repair or replacement within a commercially reasonable time. We will warrant any repaired or replaced Product for the remainder of the original limited warranty period or 30 days, whichever period is longer. If the damage to your Product is caused by normal wear not covered by our Limited Warranty, we will nevertheless repair your Product at our cost, after receiving your authorization and estimated payment.
12.5. Warranty Exclusions. THIS LIMITED WARRANTY IS VOID IF YOUR PRODUCT HAS BEEN DAMAGED BY ACCIDENT, ABUSE, ABNORMAL USE OR HAZARDOUS MATERIALS OR CONDITIONS. OUR WARRANTY ALSO DOES NOT COVER DAMAGE TO YOUR PRODUCT CAUSED BY WEAR, SUCH AS SCRATCHES, MISSING STONES, DENTS OR CHIPS.
12.6. Disclaimer of Any Other Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR EXCLUSIVE WARRANTY AND SOLE REMEDY IS THE LIMITED WARRANTY WE ARE PROVIDING YOU. MUGHAL CAMEL AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MUGHAL CAMEL AND REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY.
13. LIMITATIONS OF OUR LIABILITY
13.1. Right to Repair or Replace. If we are responsible for the loss, theft or damage of stones you have furnished us or your Product while in our possession because of our intentional or negligent actions, we will have the right to repair or replace the lost, stolen or damaged the item.
13.2. No Liability Above Amount We Have Received. You expressly understand and agree that Mughal Camel will not be liable to you for an amount exceeding the total amount it has received from you for your Product or Service, including any attorney’s fees and costs of resolving a dispute. For example, if we have received $5,000 from you, our maximum liability to you for all damages is $5,000, including any attorney’s fees and costs of resolving a dispute.
13.3. No Liability for Special Losses or Damages. You expressly understand and agree that Mughal Camel will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, liquidated or punitive damages that you may incur, even though Mughal Camel may have been caused them. These excluded losses or damages will include, but not be limited to loss of profits, goodwill or business reputation, sentimental value or the cost of your procuring alternative or substitute Products and Services.
13.4. Our Liability Is Limited Under All Legal Theories. The limitations and exclusions of Mughal Camel’s liability to you as specified above will apply regardless of the theory of liability, including contract (including fundamental breach), warranty, Product liability, strict liability, tort (including negligence), or other legal theory, even though you may have advised Mughal Camel of the possibility of such damages occurring.
14.1. Laws Governing Agreement. In consideration of Mughal Camel providing you Our Products and Services, you agree that a Party’s rights and obligations, all Disputes and all other matters arising out of or related to this Agreement must be governed by and will be construed in all respects according to INDIAN laws, excluding conflicts of laws principles.
14.2. Location Where Disputes will be Resolved. The Parties acknowledge and agree that any arbitration or legal proceeding must be held in Jaipur (Rajasthan), India. You agree to the personal jurisdiction by and venue in the state and INDIA High courts in Rajasthan, India and waiver any objection to this jurisdiction or venue.
14.3. Prevailing Party Entitled to Attorneys’ Fees. If Mughal Camel takes any legal action against you or you to take action against us for an alleged violation of this Agreement, we agree that the prevailing party in any action against the other party will be entitled to recover reasonable attorneys' fees and costs of such action, in addition to any other award or relief granted to the prevailing party, subject to the limitations of our liability to you.
14.4. Dispute Resolution. “Dispute” means a claim, controversy or dispute arising out of or related to this Agreement or your failure to perform any obligation or a term and condition you are required to perform or our failure to perform any obligation or a term or condition we are required to perform. If we are unable to negotiate a full resolution of any Dispute we might have within a reasonable time, then the parties waive all rights they might otherwise have and agree that the Dispute must be solely and finally resolved by arbitration. The Parties’ arbitration will be conducted under the following 5 conditions:
1. A single independent, knowledgeable, and impartial arbitrator will render a decision;
2. The arbitration will be conducted according to the International Institute for Conflict Prevention & Resolution’s Rules for Non-Administered Arbitration currently in effect;
3. The Arbitration and Conciliation Act will govern the arbitration;
4. The Parties agree that the Arbitrator’s award will be final and subject only to judicial review as permitted by applicable law;
5. When rendering an award, the arbitrator may not award any multiplied, consequential or punitive damages to any Party; Each Party waives any rights it may have to such damages.
14.5. Statute of Limitations. You agree that regardless of any statute or law to the contrary, you must bring any claim or cause of action against us under this Agreement within 1 year after your cause of action arises. If you do not do so, your claim or cause of action against us will be forever barred from prosecution.
14.6. Severability of a Term. If any term in this Agreement is determined to be invalid, illegal or unenforceable, the remaining terms in this Agreement will continue to be valid, legal, fully enforceable and not affected or impaired in any way.
14.7. No Waiver of Terms. Mughal Camel’s waiver of, delay or failure to exercise any right it may have under this Agreement related to your obligations or you fail to comply with any term or condition of this Agreement required of you will not constitute Mughal Camel’s continuing waiver or its waiver of any later obligation or breach by you.
14.8. Right and Remedies. Mughal Camel’s rights and remedies under this Agreement are cumulative, non‑exclusive and in addition to those provided by law. Mughal camel may exercise any of its rights and remedies separately, concurrently or successively. Mughal Camel’s exercise of any right or remedy will not be considered a waiver of any other of its other rights or remedies.
15. GENERAL TERMS
15.1. Right to Decline Customer’s Business. We have the right to refuse to sell Products or provide our Services to any Customer and may cancel any Customer’s account in our discretion for any reason whatsoever.
15.2. Our Assignment. At any time, Mughal Camel may assign or transfer any or all of its rights under this Agreement without your consent. However, it will not delegate any of its obligations, including those to provide you with a Product or Service, without your express consent.
15.3. Notices- Mughal Camel may provide you with notices, including those regarding changes to this Agreement, by mail or email. Mughal Camel’s mailing address for notices is S-11, Mahaveer Nagar, Tonk Road, Next to Jaipur Hospital, 302018, Jaipur (Rajasthan), India.
15.4. No Third-party Beneficiaries No Entity or another person will be a third-party beneficiary to the Agreement.
16. USER CONTENT
16.1. Transmission of User Content. Our Website may allow User Content to be sent to us or User Content may be sent to us via an email message.
16.2. Retention of Copyright Ownership. When you make copyrightable User Content available on or through Our Website, you retain ownership of any copyright you expressly claim to your User Content. However, under the terms our Product Purchase Agreement, you will be granting us rights in certain copyrights you own.
16.3. Representations and Warranties about User Content. You also represent and warrant to us that, with respect to all User Content that you have transmitted, published, and otherwise made available through Our Website or you have sent to us by email message that: You own or have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly (including by digital audio transmission), distribute, and otherwise exploit such User Content; And User Content will not infringe or otherwise violate the rights of any third party including, but not limited to, the copyright, trademark, privacy, or publicity rights of any third party.
16.4. Grant of License to User Content. By submitting User Content to us, when and as you do so, you grant to us and Our Affiliates a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform (including by digital audio transmission), and otherwise exploit your User Content for any purpose and in any medium, by any means currently existing or yet to be devised. You also grant to each User of Our Website a nonexclusive license to access and view your User Content through the Our Website, and to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, and publicly perform (including by digital audio transmission) such User Content as permitted through the functionality of our website.