Terms & Conditions
This website is operated by Pratiksha Jewelry (PJ Custom). Throughout the site, the terms PJ Custom, “we”, “us” and “our” refer to Pratiksha Jewelry. These Terms & Conditions apply to the Pratiksha Jewelry website located at custom.pratikshajewelry.com, and all associated websites linked to custom.pratikshajewelry.com by Pratiksha Jewelry, its subsidiaries and affiliates, including Pratiksha Jewelry's sites around the world (collectively "the Site"). Pratiksha Jewelry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the amended terms, you must stop using the Site.
SECTION 1 - 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 in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Site, all content and other materials, including, without limitation, the Pratiksha logo, PJ Custom logo, PJ Buyback logo, and all designs, text, graphics, pictures, selection, coordination, information, data, sound files, software, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Pratiksha Jewelry or its licensors or users, and are protected by copyright, trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to ensure that our Site information is as accurate and complete as possible. To provide greater detail of our products, we sometimes make our products appear larger or smaller than the actual size in our photographs. We make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We try to provide as much information as possible regarding your prospective purchase so that you can see the beauty and shape of a particular item. In compliance with industry standards and FTC regulations, Pratiksha Jewelry states that carat total weight in all purchases may vary up to 0.05 carats from stated weight. For gemstone and diamond measurements, a total of 0.25mm is allowed.
On our Site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.30mm is allowed. Cast manufactured rings can vary slightly more. The measurements that we provide of our products are taken by us to the best of our ability. Pratiksha Jewelry is in no way to be held responsible for errors that were caused in measuring the weight or dimensions or any other form of measurement.
For items containing multiple diamonds or gemstones, we list the average grade and measurement for color, clarity, and carat weight. These averages are calculated by adding all grades or measurements that comprise the inventory with regard to that particular piece of merchandise, and determining the closest average.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Loose Diamonds & Gemstones
If there is a loose diamond or gemstone on our site which is currently listed as In Stock or Available, it is possible that the item may be in transit with one of our sales representatives, or on hold for a customer who is arranging payment for a purchase. As it is not yet sold, we will continue to list the item on our website, and you will be the first in line to receive the item upon completion of your purchase online. In the event that there is a delay for your guaranteed delivery date, we will notify you right away.
Due to the volume of orders we receive, an item listed as "Available" may sometimes be On Hold or Out of Stock before we are able to post the change on our website. If this is the case, we will notify you personally so we may help you find another item, or let you know if and when that item will be back in stock.
All shipments over $200 are fully insured from the time your package leaves our location to the moment you accept it. For security purposes, all packages over $200 require a signature, regardless of any signature waivers you have signed.
For fraud protection, if you request delivery to an address other than your billing address, we require that alternate address be on file with your credit card company.
We provide free shipping options on our orders, however, if a shipped item is returned to us due to your error (typographical or otherwise) or failure to accept the package (whether you have refused acceptance or not been present to accept), you will be charged a $40 fee to cover the complete shipping and insurance associated with that failed shipment.
Certificates & Appraisals
Gemstones, diamonds and jewelry are shipped to you with the accompanying appraisal(s) and/or certificate(s), as the case may be. These are detailed documents created by expert gemologists from third-party or our own laboratories. These reports are generally detailed and expensive to replace. As such, we require that any returned items include their original certificates and/or appraisals. If any original certificates are not included with your return, you will be assessed a replacement fee on your refund per document.
We offer one free ring resizing within 60 days of your purchase. Simply ship the item to us and pay for return shipping. Resizing typically takes about 5-7 business days in addition to the shipping time. Please note that this policy is subject to the ring being resizable. In addition, there may be additional charges for resizing a ring by more than one full size, as we may have to remake the ring.
SECTION 6 - ACCOUNT INFORMATION AND ACCURACY OF BILLING
If you access or use any Pratiksha Jewelry website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. If you are under 18 years old, you may use custom.pratikshajewelry.com only with the involvement of a parent or guardian. Pratiksha Jewelry reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Right of Order Refusal
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER SUBMISSIONS, COMMENTS, AND FEEDBACK
Design & Production Images, Designs, Renderings, Sketches & Videos
Our customers love to follow along as we design and create unique custom jewelry, so we may share sketches, images, videos or renderings on publicly visible pages, social media (Facebook, Instagram, Twitter), YouTube, or other sites as we design your piece. Sometimes we document the creation of particularly interesting pieces by photograph and video, and share it with our friends, customers and fans. Legally speaking, you acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, orignal or creative materials or other information, regarding the Site, Pratiksha Jewelry, or our products or services that are provided by you to Pratiksha Jewelry are non-confidential and shall become the sole property of Pratiksha Jewelry. Pratiksha Jewelry will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You grant Pratiksha Jewelry and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; b) the content is accurate and not misleading, and c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
User Feedback & Comments
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Our Site may include user generated content, including reviews and stories, or other areas or services in which you or third parties create, post, or store any content, materials, messages or other items on our Site (Interactive Areas). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using Interactive Areas, you agree not to post, transmit, upload to, distribute, store, create or otherwise publish through our Site any of the following:
- Any data, text, message, information, music, sound, photos, videos, graphics, code or other material (User Content) that is illegal, libelous, defamatory, obscene, pornographic, offensive, vulgar, suggestive, harrassing, intimidating, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
- Unsolicited advertising, promotions, political campaigning, or solicitations.
- User Content that would constitute, promote or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- User Content that impersonates any person or entity otherwise misrepresents your affiliate with a person or entity.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- Private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files.
- User Content that, in the sole judgment of Pratiksha Jewelry, is objectionable or which restricts or prevents any other person from using or enjoying the Interactive Areas or our Site, or which may expose Pratiksha Jewelry or its users to any harm or liability of any type.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
If you post User Content to our Site, unless we indicate otherwise, you grant Pratiksha Jewelry and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to modify, adapt, use, reproduce, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Pratiksha Jewelry and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (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 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate 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 will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Pratiksha Jewelry provide you a limited, personal, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. This license is subject to these Terms and Conditions and does not include: a) the collection and use of any pictures, product listing or descriptions for commercial purposes; b) any commercial or resale use of our Site or the Site Materials therein; c) the public performance, distribution or public display of any Site Materials, d) use of any automated means to access, examine or interact with any portion of our Site, including through data mining, extraction methods, robots, spiders, scraping, or similar data gathering; e) changing or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; g) use our web sites in any manner which interferes with the regular function of our sites; h) made to appear any pop-under, pop-up, exit windows, expanding buttons, advertisement, banners, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; or i) any use of our Site materials or the Site other than for its proposed purpose. Utilization of our Site or the Site Materials other than as expressly approved herein, without the prior written consent of Pratiksha Jewelry, is strictly forbidden and will terminate the license provided herein. Such unauthorized use may also infringe applicable laws, including without limitation trademarks and copyright laws and applicable communications regulations and statutes. Unless clearly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by implication, estoppels, or otherwise. This license is revocable at any time.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Except as expressly provided to the contrary in a writing by Pratiksha Jewelry, this site, the content contained therein and the products and services provided on or in connection therewith (the "Products and Services") are provided on an "as is" basis without the warranties of any kind, either express or implied. Pratiksha Jewelry disclaims all other warranties, express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our Site. Pratiksha Jewelry does not warrant or represent that materials in our site or the services are accurate, reliable, complete, current or error-free. Pratiksha Jewelry does not represent or warrant that our site or its servers are free of viruses or other components.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pratiksha Jewelry, 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, including, 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any 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 their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pratiksha Jewelry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of 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 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
We only collect sales tax on orders shipped to addresses within the Texas state.
Applicable Law & Venue
These Terms & Conditions and your use of the Site will be governed by and construed in accordance with the laws of the state of Texas, applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions shall be filed only in the state and federal courts located in Dallas, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms & Conditions.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.