Terms and Conditions
Thank you for visiting the CHAVANA website. Listed below are the Terms & Conditions for Use and apply to the use of and/or the purchase of goods from this website at chavana.myshopify.com. By accessing this website and/or placing an order you agree to be bound by Terms & Conditions for Use.
Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website, then please immediately stop using the site.
CHAVANA and www.chavanajewelry.com is a e-commerce service operated by CHAVANA Ltd, referred to as, "we", "us" "our" " CHAVANA " in this agreement.
CHAVANA and www.chavanajewelry.com website (described as "site" or "Sites" in this agreement) and related services are made available to you to the following Terms & Conditions for Use ("TCU") and any other rules posted on our Site.
By visiting the Sites, you are accepting and consenting to the terms and practises described in the TCU. We hold the right to modify the TCU from time to time.
Your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TCU. Please read our Terms & Conditions for Use and check back often. If you disagree with any changes made to the TUC, then please immediately stop using the site.
CONTRACT BETWEEN YOU AND CHAVANA
Before your order can be accepted we must receive payment in whole for the price of the goods that you order.
Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form.
Our acceptance of your order brings into existence a legally binding contract between us, concluded in Thailand and the language of the contract is English.
To order goods and to transact through this site, you must be entitled to enter into legally binding contracts. Individuals unable to perform legally binding contracts are prohibited from ordering goods using the Sites.
If you do not qualify do not use this site, CHAVANA holds the right to refuse to process a transaction or order for any reason at any time.
Please see SHIPPING AND RETURNS for information on costs of delivery. We will use our reasonable endeavours to ship the goods or services within the times indicated.
However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control. Under no circumstances will we ship any items if we have not received full payment for the price of the goods that you have ordered on the Sites.
CANCELLATION BY US
CHAVANA reserves the right to cancel the contract between you and us if we
- a) have insufficient stock to deliver goods you have ordered;
- b) do not deliver to your area; or
- c) if one or more items you ordered was listed at an incorrect price due to a typographical error.
If we decide to cancel your contract we will send you an email to notify you and re-credit to your account any amount deducted by us from either your credit card or PayPal account as soon as possible (in any event within 14 days of your order). We cannot offer any additional compensation for disappointment suffered.
If any products we deliver to you are damaged, defective, of an incorrect quantity or not what you ordered, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the products. If you notify us of a problem, our obligation will be to either,
- a) To make good any shortage or no-delivery;
- b) To replace any goods that are damaged or defective;
- c) To refund you the amount paid by you for the goods in question in whatever way we choose.
INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that all designs, logos, copyright, trademarks and all other intellectual property and material rights relating to the Content of this Site, including CHAVANA Software and all HTML, CSS and other code contained in this Site, shall remain at all times with the Sites, unless otherwise stated.
Such Content, including third party trademarks and copyrights displayed or mentioned on the Sites are protected by national or international property and other laws.
You are only permitted to use the Content as authorized in written by CHAVANA. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties.
Each and every transaction carried out is deemed to be completed within the Thailand and therefore shall be governed by and interpreted in accordance with Thai Laws.
The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with Thai Laws and the Thai Courts shall have exclusive jurisdiction in relation thereto.
EVENTS BEYOND OUR CONTROL
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
ELIGIBILITY TO PURCHASE
The purchase of products through the Sites is strictly limited to parties who can lawfully enter into and form contracts on the Site
In order to make purchases through the Site, you will be requested to provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet CHAVANA 's terms of eligibility, who have been issued a valid credit card by a bank acceptable to CHAVANA, whose applications are acceptable to CHAVANA and who have authorized CHAVANA to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. CHAVANA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
PRICING AND PAYMENT
The prices payable for goods that you order are as set out on our website. All of our prices are in USD. You will be billed in USD and if you purchase from outside the Thailand, currency fluctuations and credit card charges may make a difference to the amount billed on your credit card.
If you are buying from outside the Thailand, you will also incur any duties levied by the jurisdiction to which you have specified delivery. Payments can be made by Visa, MasterCard, American Express as well as PayPal and credit cards supported by PayPal.
Payments will be debited and cleared from your account upon receipt of your order by CHAVANA. If the issuer of your payment card or method refuses to authorize payment to CHAVANA, we will not be liable for any delay or non-delivery.
COPYRIGHTS, TRADEMARKS & COMMERCIAL USE
You agree and acknowledge that all materials including photographs, images, illustrations, designs, layout, text or script, including software and HTML and other code contained in this Site are part of the Sites and are protected by copyright, trade mark and/or other intellectual property rights owned, controlled or licensed to CHAVANA. The contents of the site and the site as a whole are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for the sole purpose of placing an order with CHAVANA or using the site as a shopping resource. 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 may 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, the site, or any related software.
If any part of these terms and conditions is unenforceable, unlawful or for any reason unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these conditions will not be affected.