Terms and Conditions
TERMS AND CONDITIONS
OVERVIEW
PreciousWish operates this website, and throughout the site, the terms “we,” “us,” and “our” refer to PreciousWish. By using this website, including all information, tools, and services available, you agree to comply with and be bound by the following terms, conditions, policies, and notices stated here.
When you visit our site or make a purchase, you are engaging in our “Service” and accepting these Terms of Service, including additional terms, conditions, and policies referenced herein. These terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Before accessing or using our website, please carefully read these Terms of Service. By accessing or using any part of the site, you indicate your agreement to be bound by these terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. Acceptance is expressly limited to these Terms of Service if they are considered an offer.
Any new features or tools added to the current store are also subject to the Terms of Service. The most current version of the Terms of Service can be reviewed on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to periodically check this page for modifications. Continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides an online e-commerce platform enabling us to sell our products and services to you.
SECTION I - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have granted us permission to enable any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not break any local laws while using the Service (including but not limited to copyright laws).
You may not transmit any worms, viruses, or disruptive code.
Any breach or violation of these Terms shall result in the immediate termination of your Services.
SECTION II - GENERAL CONDITIONS
You acknowledge that your content (excluding credit card details) may undergo unencrypted transmission, involving (a) transfers across diverse networks, and (b) adjustments to comply and adapt to technical requirements of connecting networks or devices. Credit card information is consistently encrypted during transit across networks.
You agree not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, including any communication on the website facilitating the service, without our explicit written permission.
The headings used in this agreement are provided for convenience only and will not restrict or otherwise impact these Terms.
SECTION III - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information available on this site is not accurate, complete, or current. The content on this site is intended for general information purposes only and should not be solely relied upon for decision-making. It is advisable to consult primary, more accurate, complete, or timely sources of information before making any decisions. Your reliance on the material presented on this site is undertaken at your own risk.
This site may include historical information, which, by its nature, is not current and is provided solely for reference purposes. We retain the right to alter the contents of this site at any time, although we are not obligated to update any information. You acknowledge that it is your responsibility to stay informed about changes to our site.
SECTION IV - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may change without prior notice. We retain the right to alter or cease the Service, or any part of its content, at any time without notification. We are not liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuation of the Service.
SECTION V - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be exclusively available online through the website. These items may have limited quantities and are eligible for return or exchange only in accordance with our Return Policy. Every effort has been made to represent the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer monitor will accurately display every color.
While we reserve the right, without obligation, to restrict the sales of our products or services to specific individuals, geographic regions, or jurisdictions, such limitations will be applied on a case-by-case basis. We also retain the right to limit the quantities of any products or services offered. Descriptions of products or product pricing are subject to change at any time without notice, solely at our discretion. We may discontinue any product at any time, and any offers for products or services on this site are void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained through the Service will meet your expectations. Additionally, we do not warrant that any errors in the Service will be corrected.
SECTION VI - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the authority to decline any orders submitted to us. Our discretion allows us to, at our sole discretion, set limits or annul quantities bought per individual, household, or order. These restrictions may encompass orders made through the same customer account, credit card, or those utilizing identical billing and/or shipping details. If any modifications or cancellations are made to an order, we will make an effort to inform you via the email address, billing address, or phone number provided during the order placement. The right to restrict or disallow orders, which, in our sole judgment, appear to be initiated by dealers, resellers, or distributors, is reserved.
By agreeing to these terms, you commit to supplying up-to-date, comprehensive, and accurate information regarding purchases and account details for all transactions conducted on our online store. It is your responsibility to promptly update your account information, including email addresses, credit card numbers, and expiration dates, to ensure seamless transactions and timely communication when necessary. For a more in-depth understanding, please refer to our Returns Policy.
SECTION VII - OPTIONAL TOOLS
We might grant you access to third-party tools, and it's important to note that we neither monitor nor have any control or influence over them. By using these tools, you acknowledge and agree that they are provided on an "as is" and "as available" basis, without any warranties, representations, or conditions, and without endorsement. We bear no liability for any issues arising from your use of these optional third-party tools. Your utilization of such tools through the site is entirely at your own risk and discretion, and it's your responsibility to be familiar with and approve of the terms provided by the relevant third-party provider(s). Additionally, any new services or features introduced on the website in the future, including new tools and resources, will also be governed by these Terms of Service.
SECTION VIII - THIRD-PARTY LINKS
The Service may feature content, products, and services provided by third parties. Links to third-party websites on this site may lead you to platforms not affiliated with us. We do not undertake the examination or assessment of the content or accuracy of such third-party materials and disclaim any warranty or liability for them, as well as for any other materials, products, or services from third parties.
We bear no responsibility for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions on third-party websites. Prior to engaging in any transaction, carefully review the policies and practices of the third party, ensuring a clear understanding. For any complaints, claims, concerns, or questions regarding third-party products, kindly direct them to the respective third party.
SECTION IX - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, upon our request, you submit specific entries (such as contest entries) or voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or any other method (collectively referred to as 'comments'), you hereby agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use these comments in any medium, at any time, without limitations. We are not obligated: (1) to keep any comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we retain the right to monitor, edit, or remove content at our sole discretion, we are not obligated to do so. Content that we may remove includes material we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or anything that violates any party's intellectual property or these Terms of Service.
By providing comments, you affirm that they will not infringe upon any third-party rights, including but not limited to copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments must not contain libelous, unlawful, abusive, or obscene material, or any computer virus or malware that could impact the operation of the Service or related websites. Using a false email address, pretending to be someone else, or misleading us or third parties about the origin of comments is prohibited. You are solely responsible for the accuracy of your comments, and we disclaim any responsibility and assume no liability for comments posted by you or any third party.
SECTION X - PERSONAL INFORMATION
The submission of your personal information on the online store is subject to the regulations outlined in our Privacy Policy. To review our Privacy Policy, please visit [link].
SECTION XI - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there might be information on our site or within the Service that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we reserve the authority to modify or update information, or cancel orders, if any details in the Service or on any associated website are found to be inaccurate, without prior notice, even after your order has been submitted.
We are not bound by an obligation to routinely update, amend, or clarify information within the Service or on any related website, including but not limited to pricing information except as required by law. The absence of a specified update or refresh date in the Service or on any associated website should not be construed as an indication that all information has been modified or updated.
SECTION XII - PROHIBITED USES
In addition to the restrictions outlined in the Terms of Service, the use of the site or its content is strictly prohibited: (a) for any unlawful purpose; (b) to solicit others to engage in or partake in any unlawful activities; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to engage in activities that involve harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may impact the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We retain the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
SECTION XIII - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of the results that may be obtained from the use of the service. You acknowledge and agree that we may, at our discretion, remove the service for indefinite periods or cancel it at any time without notice.
You explicitly acknowledge that your use of, or inability to use, the service is at your sole risk. The service, as well as all products and services delivered to you through the service, are provided 'as is' and 'as available,' without any representation, warranties, or conditions of any kind, whether express or implied. These include implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall PreciousWish, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service. This also applies to any other claim related in any way to your use of the service or any product, including but not limited to errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such damages. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION XIV - INDEMNIFICATION
You agree to indemnify, defend, and absolve PreciousWish, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees. This claim may be made by any third party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION XV - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforced to the fullest extent allowed by applicable law. The unenforceable part will be considered severed from these Terms of Service, and this determination will not impact the validity and enforceability of the remaining provisions.
SECTION XVI - TERMINATION
The responsibilities and obligations of the parties that arise before the termination date will persist beyond the conclusion of this agreement.
These Terms of Service remain in effect unless terminated by either party. You have the option to terminate these terms at any time by informing us of your decision to discontinue using our services or when you stop using our site. If, in our sole judgment, you fail to comply with any term or provision outlined in these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement without notice. In such cases, you will remain responsible for any outstanding amounts up to and including the date of termination. Additionally, we may deny you access to our services (or any part thereof).
SECTION XVII - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in these Terms of Service does not imply a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or related to The Service, establish the complete agreement and understanding between you and us. They govern your use of the Service, replacing any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
Any uncertainties in interpreting these Terms of Service should not be construed against the party that drafted them.
SECTION XVIII - GOVERNING LAW
The Terms of Service and any distinct agreements through which we deliver services to you will be governed by and interpreted in accordance with the laws of Hyderabad, Telangana, India.
SECTION XIX - CHANGES TO TERMS OF SERVICE
You have the option to review the latest version of the Terms of Service on this page at any given time. We retain the sole discretion to update, modify, or replace any section of these Terms of Service by publishing updates and changes on our website. It is your responsibility to periodically check our website for any alterations. Continued use of or access to our website or the Service after the posting of any changes to these Terms of Service indicates your acceptance of those modifications.
SECTION XX - CONTACT INFORMATION
If you have any inquiries regarding the Terms of Service, please reach out to us at support@preciouswish.com.