Terms of service
Usage of the website www.giftsbymahima.com (“Gifts By Mahima”) or its services by you, deems you to have accepted the Terms of Use listed below, including all its revisions, modifications, or deletions while the website is operational. You are thus bound by the Terms of Use herein.
Gifts By Mahima reserves the right to make changes to these Terms of Use from time to time without intimation. By usage of this website or any facility or Service provided by this Website in any way; or merely browsing on the Website, you agree that you have read, understood, and agreed to be bound by these Terms of Use and the website's Privacy Policy.
All rights, including copyright, in this website are owned by Gifts By Mahima. Gifts By Mahima is the proprietary trademark. Any use of this website or its contents, including copying or storing it in whole or part is prohibited without the permission of Gifts By Mahima. If any content including text, data, photographs, graphics, files, images, information, audio clips, digital content, or any combination thereof is uploaded by you on this Website as a design for products available to other users on the Website, you are bound by the Designer License Agreement of this Website.
If you have any queries about these Terms of Use or have any comments or complaints on or about our website, please email us at: contact@giftsbymahima.com
1. ELIGIBILITY CRITERIA
The usage of this website and its services are not available to minors under the age of eighteen (18) or to any Users “incompetent to contract” within the meaning of the Indian Contract Act, 1872.
Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the services provided by Gifts By Mahima through your legal guardian in accordance with the applicable laws. Those who choose to access this website from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.
2. USER OBLIGATIONS
a. Subject to compliance with the Terms of Use, Gifts By Mahima grants you a non-exclusive, limited privilege to access and use this website and the services provided therein.
b. You agree to use the Services, Website, and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the product catalogues and gallery) that you access on the Website.
d. You agree to provide true, accurate, current, and complete information about yourself as prompted by Gifts By Mahima'S registration form and otherwise.
e. Account Security: You are responsible for maintaining the confidentiality of the password and account created by you on this Website and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. In case of any unauthorized access or use of your account or other breach of security, you are responsible to immediately notify us at contact@giftsbymahima.com and ensure you log out of each activity session. Gifts By Mahima shall not be responsible for any negligence on your part.
f. Non-Delivery Costs: That in the event that a non-delivery occurs on account of a mistake by you (i.e., wrong name or address or any other wrong information), any extra cost incurred by Gifts By Mahima for redelivery shall be claimed from you and you shall pay such cost.
g. Gifts By Mahima reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Gifts By Mahima has the right in its sole discretion to reject the registration and debar you from using the Services of www.giftsbymahima.com and or other affiliated websites without prior notice whatsoever.
h. Content Submission: Gifts By Mahima does not prescreen submitted content; however, it reserves the right in its sole discretion to review, verify, reject, or remove data or content that is available via the Website in accordance with its guidelines and the Terms of Use of this Agreement. Further, Gifts By Mahima reserves the right to demand documentation from you for all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Content you upload to or transmit through the Website.
i. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
j. That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
k. Prohibited Conduct: You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website including uploading, downloading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy, and intellectual property.
l. Intellectual Property: You are also under an obligation not to upload, download, post, email, or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. You may not use any content in relation to this Website that you have copied from any third party or website without written permission of the lawful owner thereof. Any infringement of intellectual property can be reported for action to contact@giftsbymahima.com.
m. All of the Licensed Products listed on the website are licensed for a line of personalized items to be used only by individual consumers. Consumers are alerted that business or organizational use of the Licensed Products is absolutely prohibited.
n. Indemnification: You agree to defend, indemnify and hold Gifts By Mahima and its officers, directors, employees, agents, and licensors harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
o. Customization and Photo Uploads (Important): For all personalized or photo-based products (e.g., Custom Mini Albums, Photo Frames, etc.):
i. It is the user's sole responsibility to upload the required photographs or content at the time of placing the order.
ii. If you fail to upload photos: You explicitly agree that Gifts By Mahima has the right to process and ship the product BLANK (without photos) or the order may be placed on hold indefinitely, causing delivery delays.
iii. Gifts By Mahima is not liable for products delivered without photos due to the user's failure to provide them, and no refund, replacement, or cancellation will be allowed in such instances.
3. USE OF MATERIALS
a. Website Content Gifts By Mahima owns the copyright to all the contents of this website, except where specific credit is given. You may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the website without written consent from us (except as stated below).
You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our "Contact Us" page to apply for permission to reproduce the content.
While our website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colors in our images will be rendered correctly on different computer monitors/mobile screens/tablets etc.
b. External Material You shall not use the website in any way that will damage it or interrupt its provision. You shall not use the website to transmit or post any computer viruses. We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect. We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.
c. Links The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.
d. Liability We take no responsibility for any loss or damage suffered as a result of our "order online" service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
e. Changes to the Site Disclaimer We reserve the right to change the Site Disclaimer from time to time. If this happens, we will notify you by posting the updated Site Disclaimer on the website. If you do not wish to be governed by the revised Site Disclaimer, please stop using the website. The law of India governs this site disclaimer, and you and we agree to use the Vadodara, Gujarat jurisdiction if there is any dispute between us. If any part of this Site Disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.
4. COPYRIGHT, TRADEMARK & DESIGN
Gifts By Mahima reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Website, except where specifically mentioned. Access to this Website does not authorize anyone to use any name, logo, or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Website.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Gifts By Mahima, you grant Gifts By Mahima a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
5. EARNINGS
If you participate as a Designer or Associate (as both terms are defined in the Designer License Agreement), Gifts By Mahima will pay accrued earnings in accordance with the following section. Payments for royalties, referral fees, volume bonus, and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within forty-five (45) days of the end of the month subject to the following:
a. Gifts By Mahima maintains a statement of your Earnings. You may check your statement in the "MyAccount" section of your account.
b. Gifts By Mahima will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "MyAccount".
c. Payment is made as soon as you have reached the Payment Thresholds set by Gifts By Mahima from time to time.
d. You may choose to have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold).
e. You may hold your Earnings in your account to apply toward a purchase on the Site.
f. On the Payment Settings page, you may also choose your method of payment (e.g., cheque or ECS). Gifts By Mahima, in its discretion, may change the methods of payment that are available.
g. With respect to referral fees, if the customer returns Products that generated a referral fee, we will deduct the corresponding referral fee from your next payment.
h. The Payment Thresholds are subject to change at any time or from time to time, in our sole and absolute discretion.
i. You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of processing fees. Payment will be made within 45 days.
j. If Gifts By Mahima owes you any compensation as of March 31st each year, then Gifts By Mahima may send you payment of such accrued Earnings (generally on or about May 15th) even if you have not reached the Payment Thresholds.
k. Gifts By Mahima will withhold taxes from international payments that are due if Designers do not provide us with relevant documentation requested by us.
l. In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, Gifts By Mahima may withhold further payments until you have corrected or updated your address.
m. In the event that an order for which you were paid Earnings is either cancelled, returned, or refunded for any reason, Gifts By Mahima will deduct the relevant amount from your Earnings.
6. CREDIT CARD DETAILS
You agree to provide correct and accurate credit/debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card which is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit/debit card details.
Gifts By Mahima expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
7. SALES TAX/ VAT
Our prices are inclusive of all applicable taxes.
8. DELIVERY SCHEDULE
A tentative delivery time will be given along with the formal order confirmation. The exact delivery date shall be provided as soon as your order is ready for dispatch.
9. RESTRICTIONS
Gifts By Mahima reserves the right, at our sole discretion, to limit the quantity/value of the items purchased by you and such restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Gifts By Mahima reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem fit.
10. CANCELLATION BY Gifts By Mahima
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason (e.g., limitations on quantities, inaccuracies in product/pricing information, fraud alerts). If your order is cancelled after your credit/debit card has been charged, the said amount will be reverted back in your card account. Gifts By Mahima reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.
11. CANCELLATION BY CUSTOMERS (NO CANCELLATION POLICY)
All sales are final. Once an order is placed, it is processed immediately to ensure timely delivery. Therefore, we do not accept any cancellations or modifications to orders once they have been submitted. The customer agrees not to dispute the decision made by Gifts By Mahima regarding the strict no-cancellation policy.
12. SIZING
Dimensions displayed on the Gifts By Mahima website are standard USA sizes. While we try to ensure that all measurements on our website are accurate, errors may occur as each piece is unique.
13. SHIPPING POLICY
Destinations: Currently we serve selected cities in India, Canada, USA, UK & Singapore only.
Multiple Addresses: At present, we do not have the option to deliver a single order to multiple destinations. You will need to place different orders for shipment to multiple destinations.
Shipping Charges: We provide free shipping to select locations; shipping charges for certain locations shall be specified with your order.
Tracking: All users have the option to track their orders by clicking on "Track Order".
Delivery Time: The time taken for delivery tends to vary according to the destination; however, we make our best efforts to ensure that the order is delivered within 10-15 working days once you place the order.
ID Proof: Recipient needs to keep a photocopy of any valid ID proof (Pan card, Driving License, Passport, Voter ID, Aadhar) handy for receiving the delivery.
14. NO REFUND & REPLACEMENT POLICY
Strict No Refund Policy: Gifts By Mahima operates on a strict No Refund policy. Monetary refunds will not be provided under any circumstances, including but not limited to: change of mind, delay in delivery, sizing issues, or slight color variations.
Replacements for Damaged Items Only: While we do not offer refunds, we are committed to delivering quality products. If you receive a product that is physically damaged or broken in transit, or if you receive the wrong item, we will provide a Replacement only.
To claim a replacement:
You must contact us at contact@giftsbymahima.com within 3 days of delivery.
You must attach a clear parcel opening video (mandatory) and photographs of the damaged product.
If the claim is validated by our team, a replacement unit will be shipped to you.
Shipping Costs for Returns/Replacements: In the event that a return or replacement is approved by Gifts By Mahima, the customer shall bear the full cost of shipping. This includes the cost to return the item to our facility and/or the re-shipping cost for the replacement product.
Refunds or replacements will NOT be provided if:
The product is returned used or damaged by the customer.
The delivery failed due to an incorrect or incomplete address provided by the customer.
The recipient refused the package.
The issue relates to minor color variations (digital screens vs. actual print) or handmade imperfections.
No parcel opening video is provided.
15. SITE SECURITY
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation: a. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access. b. Attempting to probe, scan, or test the vulnerability of a system, network, or breach security or authentication measures. c. Attempting to interfere with service to any other user, host, or network (e.g., submitting a virus, "flooding," "spamming"). d. Sending unsolicited emails, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal liability. Gifts By Mahima will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
16. DISCLAIMER
Your use of the site is at your sole risk. This site and the information, services, products, programs, and materials available through it are provided on an "as is" and "as available" basis.
To the fullest extent permissible pursuant to applicable law, Gifts By Mahima and its affiliates expressly disclaim all warranties of any kind whether express or implied. Gifts By Mahima does not make any warranty that (a) the site or its content will meet your requirements, or (b) that the site or service will be uninterrupted, timely, secure, or error-free.
Color Disclaimer (Digital vs. Print): We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, you acknowledge that photos viewed on digital screens (mobile/laptop) appear in RGB format, while printed products are in CMYK. Slight darkness or color tone variations are natural in the printing process and are not eligible for replacement. All products are handcrafted so there may be some variations in the actual product received.
Prices on the website are subject to change without notice, and can vary from piece to piece depending on the price of raw materials (Gold, Silver, etc.) at the time of production.
17. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered in connection with your use of this website will be and remain the property of Gifts By Mahima.
You agree that any comments submitted by you will not violate this policy or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You are and shall remain solely responsible for the content uploaded by you and you further agree to keep indemnified Gifts By Mahima and its affiliates for all claims resulting from any content submitted by you.
18. LIMITATION OF LIABILITY
Under no circumstances including, without limitation, its own negligence, shall Gifts By Mahima or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, its licensors, or any other party involved in creating, producing, transmitting, or distributing Gifts By Mahima or related services be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
19. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS
Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks, and images of third-party products, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with Gifts By Mahima and you should not rely on the existence of such a connection or affiliation.
20. FORCE MAJEURE
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations, or accident or non-availability/delay in transport.
21. TERMINATION
This User Agreement is effective unless and until terminated by either you or Gifts By Mahima. You may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the Services that you use. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Gifts By Mahima.
22. GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Vadodara, Gujarat shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.
23. MODIFICATION OF TERMS OF USE OF SERVICE
Gifts By Mahima reserves the right at any time to modify the Terms of Use of this User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on www.giftsbymahima.com. In the event the modified User Agreement is not acceptable to you, you undertake to discontinue using the service.
24. ARBITRATION
If any dispute arises between you and Gifts By Mahima during your use of the Site or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Gifts By Mahima. The place of arbitration shall be Gujarat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
25. GENERAL
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Gifts By Mahima and you shall have no authority to bind Gifts By Mahima in any manner whatsoever. If any clause of this Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.