Terms of service
Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website kiaglitz.com (the "Platform") and any purchases made thereon. The Platform is owned and operated by Kia Glitz ("we," "our," or "us").
By accessing the Platform or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Return & Refund Policy, and Shipping Policy, all of which form an integral part of this agreement. If you do not agree, please discontinue use of the Platform immediately.
Section 1 — Eligibility & Account
By using the Platform, you represent and warrant that:
- You are at least 18 years of age or have attained the age of majority in your jurisdiction.
- You are legally competent to enter into a binding contract under the Indian Contract Act, 1872.
- All information you provide is accurate, current, and complete.
- You are accessing the Platform for lawful, personal, non-commercial purposes only.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You may not transfer, sell, or assign your account to any other person. Notify us immediately at contact@kiaglitz.com if you suspect unauthorised access to your account.
Kia Glitz reserves the right to refuse service, suspend, or permanently terminate accounts at its sole discretion without prior notice.
Section 2 — Products & Availability
- All products are subject to availability. We reserve the right to discontinue any product at any time without notice.
- Product images and descriptions are for representational purposes only. Actual colour, finish, and appearance may vary due to photography lighting, screen resolution, and the handcrafted nature of our jewellery. Such variations do not constitute a defect or grounds for return.
- We reserve the right to limit quantities of any product offered to any person or geographic region.
- Product descriptions are subject to change at any time at our sole discretion.
Section 3 — Orders & Acceptance
- Placement of an order constitutes an offer to purchase and is subject to acceptance by Kia Glitz.
- An order is confirmed only upon receipt of a written confirmation from us. Kia Glitz reserves the right to decline or cancel any order at its discretion, including for reasons of stock unavailability, payment failure, pricing errors, or suspected fraud.
- In the event of a pricing error on the Platform, Kia Glitz reserves the right to cancel the affected order and issue a full refund, regardless of order confirmation.
- Orders once placed cannot be modified. Cancellations are subject to the terms in our Return & Refund Policy.
- You represent and warrant that purchases are for your own personal or household use and not for commercial resale, export, or redistribution.
Section 4 — Pricing & Payment
- All prices are displayed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise.
- Prices are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as confirmed in your order confirmation.
- We accept payment through the methods listed at checkout. All transactions are processed through secure, PCI-DSS compliant, third-party payment gateways. Kia Glitz does not store your payment card details.
- For Cash on Delivery (COD) orders, a handling charge applies as disclosed at checkout. COD availability is subject to order value, product category, and delivery location.
- You represent and warrant that payment information provided is accurate, complete, and that you are duly authorised to use the payment method provided.
- Promotions and discounts are subject to separate terms and conditions and may be withdrawn at any time without notice.
Section 5 — Shipping & Delivery
Shipping, dispatch timelines, delivery estimates, charges, and related terms are governed exclusively by our Shipping Policy, which forms an integral part of these Terms. Once an order is transferred to our logistics partner, risk of loss passes to the customer.
Kia Glitz is not liable for delays caused by logistics partners, customs processing, weather, or any circumstances beyond our reasonable control.
Section 6 — Cancellations, Returns & Refunds
Cancellations, returns, exchanges, and refunds are governed exclusively by our Return & Refund Policy, which forms an integral part of these Terms. By placing an order, you acknowledge and accept the terms of that policy in full.
Section 7 — Intellectual Property
- All content on the Platform — including the brand name, logo, product designs, photographs, graphics, text, and user interface — is the exclusive intellectual property of Kia Glitz and is protected under the Trade Marks Act, 1999, the Copyright Act, 1957, and other applicable Indian and international intellectual property laws.
- No content may be reproduced, distributed, modified, republished, or used for commercial purposes without the prior written consent of Kia Glitz.
- Unauthorised use of our intellectual property will be pursued under applicable law.
- The Shopify name, logo, and related marks are trademarks of Shopify Inc. and are used under licence.
Section 8 — User Conduct & Prohibited Uses
By using the Platform, you agree not to:
- Use the Platform for any unlawful, fraudulent, or harmful purpose.
- Violate any applicable Indian law, regulation, or ordinance.
- Infringe upon the intellectual property rights of Kia Glitz or any third party.
- Submit false, misleading, or fraudulent orders, reviews, or information.
- Attempt to gain unauthorised access to any part of the Platform or its systems.
- Use any automated tool, bot, scraper, or AI agent to access, extract, or interact with the Platform without prior written consent.
- Engage in any conduct that disrupts, damages, or impairs the Platform's operation.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Kia Glitz reserves the right to suspend or permanently terminate access for any user found in violation of these conditions, without notice and without liability.
Section 9 — Relationship with Shopify
The Platform is powered by Shopify Inc., which enables us to provide our services to you. All sales and purchases are made directly with Kia Glitz. Shopify is not a party to any transaction between you and Kia Glitz and is not responsible for any aspect of such transactions, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims arising from your transactions with Kia Glitz.
Section 10 — Third-Party Links & Tools
The Platform may contain links to third-party websites or tools. Kia Glitz does not endorse, control, or assume responsibility for the content, accuracy, or privacy practices of any third-party platform. Access to such platforms is entirely at your own risk. Complaints regarding third-party products or services should be directed to the respective third party.
Section 11 — Reviews & Feedback
By submitting any review, feedback, or content on the Platform, you grant Kia Glitz a perpetual, royalty-free, worldwide licence to use, reproduce, modify, and publish such content for any purpose, including marketing and improvement of the Platform.
You represent that all feedback submitted is your own, is accurate, and does not infringe the rights of any third party. Kia Glitz reserves the right to remove any content deemed unlawful, offensive, or in violation of these Terms, at its sole discretion.
Section 12 — Errors & Omissions
Kia Glitz reserves the right to correct any typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, or availability at any time without prior notice, including after an order has been submitted.
Section 13 — Disclaimer of Warranties
The Platform and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable Indian law, Kia Glitz makes no warranties, express or implied, regarding the accuracy, completeness, fitness for purpose, or uninterrupted availability of the Platform or any product listed thereon.
Section 14 — Limitation of Liability
To the fullest extent permitted by applicable Indian law:
- Kia Glitz's total liability for any claim arising from your use of the Platform or purchase of products shall not exceed the value of the specific order in question.
- Kia Glitz shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profit, data, or goodwill.
- Kia Glitz is not liable for delays, losses, or damages caused by third-party logistics providers, payment gateways, or circumstances beyond our reasonable control.
Nothing in these Terms limits liability that cannot be excluded under the Consumer Protection Act, 2019 or any other applicable Indian law.
Section 15 — Indemnification
You agree to indemnify, defend, and hold harmless Kia Glitz and its affiliates, officers, employees, agents, and service providers from any losses, damages, liabilities, or claims — including reasonable legal fees — arising out of your breach of these Terms, your violation of any applicable law, or your use of the Platform.
Section 16 — Termination
Kia Glitz may terminate your access to the Platform at any time, without notice, at its sole discretion. Upon termination, all provisions of these Terms that by their nature should survive — including intellectual property, limitation of liability, indemnification, and governing law — shall continue to apply.
Section 17 — Governing Law & Dispute Resolution
- These Terms are governed by and construed in accordance with the laws of India.
- Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 90 days from the date either party notifies the other of the dispute in writing.
- If unresolved after 90 days, disputes shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra.
- Nothing in this clause limits your statutory rights as a consumer under the Consumer Protection Act, 2019, including the right to approach an appropriate consumer forum or the National Consumer Disputes Redressal Commission (NCDRC).
Section 18 — Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Section 19 — Entire Agreement & Waiver
These Terms, together with the Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and Kia Glitz with respect to your use of the Platform. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
Section 20 — Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Kia Glitz may assign or transfer these Terms without restriction.
Section 21 — Amendments
Kia Glitz reserves the right to amend these Terms at any time. Updated Terms will be published on the Platform. Continued use of the Platform following any amendment constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
Section 22 — Grievance & Contact
For any queries relating to these Terms:
Kia Glitz Email: contact@kiaglitz.com
For escalated grievances under the IT Rules 2011:
Email: grievance@kiaglitz.com
All grievances will be acknowledged and addressed within 90 days of receipt.
Section 23 — Brand Impersonation, Digital Fraud & Cybercrime
Kia Glitz takes the protection of its brand identity seriously. However, we expressly disclaim all liability for losses, damages, or harm arising from:
- Fraudulent websites, social media accounts, applications, or communications that impersonate Kia Glitz without our knowledge or authorisation.
- Phishing, vishing, smishing, or any other form of digital fraud carried out by third parties using the Kia Glitz name, logo, or brand identity.
- Unauthorised hacking, breach, or compromise of the Platform by third parties, including but not limited to ransomware, malware, or cyberattacks, provided that Kia Glitz has implemented reasonable security measures.
- Any financial loss, data loss, or personal harm suffered by a customer as a result of engaging with fraudulent entities impersonating Kia Glitz.
Kia Glitz will never request payment, OTPs, banking credentials, or sensitive personal information through unofficial channels including WhatsApp, personal email addresses, or unverified phone numbers.
If you suspect fraudulent activity in the name of Kia Glitz, please report it immediately to grievance@kiaglitz.com and to the National Cyber Crime Reporting Portal at cybercrime.gov.in or helpline 1930.
Kia Glitz reserves the right to take legal action under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 against any party found to be impersonating or misusing our brand.
Section 24 — Force Majeure
Kia Glitz shall not be held liable for any failure, delay, loss, or damage arising from circumstances beyond our reasonable control, including but not limited to:
- Acts of God, including floods, earthquakes, cyclones, lightning, or other natural disasters.
- Epidemics, pandemics, or public health emergencies declared by competent authorities.
- Acts of terrorism, war, civil unrest, riots, or government-imposed restrictions.
- Nationwide or regional strikes, lockdowns, or labour disruptions.
- Failure of third-party infrastructure including internet service providers, payment gateways, logistics networks, or power supply.
- Any order, directive, or action of any governmental or regulatory authority.
In the event of a Force Majeure occurrence, Kia Glitz will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable. Kia Glitz shall not be obligated to compensate customers for any loss, delay, or inconvenience caused by Force Majeure events.