Terms and conditions

TERMS AND CONDITIONS

Please read this Terms & Conditions carefully before using this site. By your use of the Website you agree to the following:

TCL North America Inc., a company incorporated in incorporated in the State of Delaware, USA, which is a wholly owned subsidiary of Titan Company Limited (hereinafter referred to as “Tanishq”, “we”, “our”, “us”, which expression shall include subsidiaries and affiliates), maintains this https://www.tanishq.com (collectively “Website”). The Website includes all the information, contents, communication, software, scripting, photos, images, texts, videos, graphics, music, sounds, other materials and services (collectively “Content”). Our Content is provided as a form of convenience for online visitors, customers, employees and the public (collectively “user”, “users”, “ you”, “your”, “yours”). 

 

In using the services provided by our Website, you are deemed to have accepted these terms and conditions (hereinafter referred to as ‘Terms & Conditions’ or ‘Contract’) listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such Terms & Conditions till the time you continue to access this Website. If you do not agree to these Terms & Conditions, please refrain from using our Website and exit immediately.

You agree to receive automated promotional and personalized communication from Tanishq USA & associated TCL NA brands, via text messages, phone calls, WhatsApp messages, email messages & messengers that may be sent to your mobile phone number or email address that You provided while signing up. Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and data rates may apply.

 

To opt out of our text messaging, WhatsApp or email programmes, text the keyword STOP, END, CANCEL, UNSUBSRIBE, QUIT to our Toll Free Number. For more information text the keyword HELP to our Toll Free Number for customer care information. You can also contact us at [email protected].

 

If you have any queries about these Terms & Conditions or any complaints or suggestions regarding our Website, please feel free to write to at [email protected].

In exchange for accessing, browsing and/or using this Website, you agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations, including without limitation to the laws to protect and enforce rights of the creators and owners of inventions, designs, copyrights, trademarks and other works. The Website can only be used by persons who can form legally binding contracts under applicable law. Tanishq reserves the right to terminate your registration and refuse to provide you with access to the Website if Tanishq discovers that you are incompetent to contract under applicable laws. You represent and warrant you possess the legal right and ability to enter into this contract and to use this Website in accordance with all Terms & Conditions herein. You promise to us you are old enough to enter legally binding contracts through this Website. The Website cannot be accessed by persons whose registration has been suspended or terminated by Tanishq for any reason whatsoever. Use of the Website is unauthorized in any jurisdiction that does not give effect to these Website Terms & Conditions, including without limitation this paragraph.

The Website is controlled and operated in whole or in part by Tanishq. By accessing the Website you agree that the laws and regulations of New York without regard to conflicts of legal principles, will apply to all matters relating to use of the Website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the Courts of New York, New York. Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Tanishq makes no representations as to the appropriateness or availability of the Website Content for use in any other jurisdiction other than herein mentioned. Tanishq disclaims any liability in relation to its Content and reserves the right to amend or remove any Content that it may deem at its sole discretion to be necessary and to suspend or terminate your use of the Website if it deems appropriate. In using the Website, the confidentiality of your account details including password is solely your responsibility. Tanishq shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

While Tanishq provides the information on this Website to anyone, we retain copyright, design rights and all other intellectual property rights on all text and graphic images. By accepting these Website Terms & Conditions you acknowledge, having been advised hereto by Tanishq, that the Website Content and accompanying text and graphic images are protected in the USA and internationally by several applicable laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively 'Rights'). In addition to Tanishq’s Rights in individual elements of the Content, Tanishq or its licensors, also own a copyright in the selection, coordination and arrangement of the Content

You are hereby granted permission to view the Content on the Website, (and except where otherwise specified or provided by Tanishq, print a single copy of the information for your own personal use).You are also hereby granted limited permission to store files on your computer for your own personal use and to reference hypertext documents on the Website from your own documents solely for your personal use for the purpose of viewing or browsing the Website. All the aforementioned permissions shall terminate automatically and amount to default if you breach any of these Website Terms & Conditions.

Tanishq is not granting you any permission to use the Content other than as expressly stated in these Website Terms & Conditions. All other use of Content from the Website, including, but not limited to modification, publication, transmission, participation in the transfer of sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Website, reproducing the Website (whether by linking, framing or any other method), 'mirroring' the Website or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted is strictly prohibited and may not be made without Tanishq's prior express written consent.

The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or any other tool or software. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Tanishq a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use such User Content however Tanishq desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or cause ill-repute to Tanishq or be contrary to law.

Tanishq will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Tanishq is and shall be under no obligation to :(i) to maintain any User Content in confidence; (ii) pay to user any compensation for any User Content; or (iii) respond to any User Content. You agree that any User Content submitted by you on the Website will not violate these Website Terms & Conditions or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Tanishq does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant Tanishq the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Tanishq and its affiliates for all claims resulting from any User Content you submit. Tanishq and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.

The Website contains information and promotional programs. The products described in this Website contain market specific specifications and are offered for sale in that particular market. The promotional programs if any described in this Website are available only in the markets where they are conducted as specifically referred to within the description of the program.

The price information contained in or provided through the Website is a commercial offer where the Customer has a choice to purchase the products at his/her will. Prices and availability are subject to change without prior notice. Tanishq reserves the right, at its sole discretion, to limit the quantity of products purchased per person per household or per order. These restrictions may be applicable to orders placed by same registered account, the same credit card or orders that use the same billing and/or shipping address.

After the customer has placed the order on the website, Tanishq will verify the order availability and if confirmed, the customer will receive an order acceptance email. Only then the order will be considered accepted and will be prepared for the shipment.

There may be certain orders that Tanishq cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. The most prominent reasons are including but not limited to products not available for purchase or product price variations due to technical issues that render the product not purchasable. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order.

Upon the cancellation, we will initiate the process of refunding the order amount to your account via the same payment mode that you had used to make the transaction. Once the refund process is initiated, you will receive the refund amount directly in your account within 7-10 business days.

RETURN AND EXCHANGE POLICY

Tanishq is committed to ensuring customer satisfaction with respect to the products available on our Website. However, if you are not happy with the product, you can choose to return the order subject to the conditions specified as herein below provided.

8.1 Return (For Orders within United States of America)

100% refund for returns within 15 days of delivery on all products except for engraved and personalized products.

 

Customers should initiate the return process by logging into their account and clicking on return in my orders section.

A delivery provider will come to the customer's doorstep to collect the parcel. The customer needs to ensure that the product, along with its original packaging, is securely kept in a sealed package. In case the customer is not available, the delivery provider will leave the shipping label on the doorstep and one can drop off the sealed package at the nearest drop-off location of the logistics provider.

Products must be returned in their original condition, unaltered and unused. The company would be undertaking quality check (QC) upon receipt of the returned product and the return would be processed only after the QC is passed.

The customer also needs to provide the Original Guarantee card/Certificates, wherever applicable, into the package for the return process. Without the above, returns will not be processed.

8.2 Return due to product mismatch or damaged product/packaging.

When the package or product purchased by you is damaged in transit, upon discovery of such damage, you shall report such damage by emailing us to [email protected] along with the evidence of discovery of damage video, no later than 24 hours from the date of receipt of the package or product.

When the package or product purchased by you is missing in the package or there is a product mismatch, upon discovery of the same , you shall report empty package or missing product or mismatched product by emailing us to [email protected] along with the evidence of discovery of package unboxing video, no later than 24 hours from the date of receipt of the package.

8.3 Refund

Upon receipt of the returned item, our Quality Assurance Team shall verify the product and Refund shall be initiated only after quality check clearance. Once the return has been accepted and confirmed, the customer will receive a confirmation email stating that the return has been accepted. Once the refund process has been initiated, the amount will be directly refunded to your account via the same mode through which the transaction was made within 7-10 business days.

8.4 Regarding non delivery of order post receiving communication for confirmation of delivery

When a package or product is delivered to you , you shall sign the proof of delivery handed over to you by the Delivery Provider . Such Proof of Delivery is the conclusive evidence of your receipt of the package or product. In the event you claim not to have received the package or product , you shall bring the same to our attention by emailing us at [email protected] not later than 15 days of receiving an email confirmation of delivery of the package or product by us.

Tanishq shall not entertain any complaint of non-delivery of package or product beyond 15 days from the date of email confirmation of delivery from us to you.

8.5 Regarding lost in transit goods

When a package or product purchased by you is lost in transit , upon receipt of such information by us from the Delivery Provider, we will initiate refund of the value paid by you for the package or product which will hit your bank account not later than 7-10 business days from the date of receipt of such information. In the meanwhile you may also advise us about your interest to buy an alternative jewellery for the same value.

9.1 Shipping Destinations

In the USA, Tanishq serves selected cities. Please check if we deliver to your ZIP Code in the shopping cart checkout page. If there is no courier service available in your area, we regret not being able to serve your order.

9.2 Shipping & Handling Charges

Shipping charges are subject to various parameters such as shipping address, available courier service, mode of shipping, order value etc. The actual shipping charge, thus, will be order specific and will be notified to the customer during the placement of the order.

It is the sole discretion of Tanishq to absorb any shipping cost fully or partially without prior notice. However, if the cost is to be borne by the customer, the same shall be intimated prior to placement of the order.

9.3 Track Order

Customer will get the tracking details from our delivery partner after it is picked up by the delivery partner. For detailed tracking information, you are requested to contact the delivery partner with the tracking number or id.

9.4 Delivery Time for Domestic Orders

We dispatch the products against your order within 7 days of confirming the order subject to availability and any change or modification request.

9.4.1 The delivery time depends on multiple factors such as destination, mode of transport, serviceability, availability of the customer to accept the delivery, etc. In general, your order is expected to be delivered within 15 business days. Exceptions may occur resulting in delays. You may track the shipment using the tracking number that is provided to you.

9.4.2 Apart from reasons mentioned above, your order may be delayed for reason beyond our control, including but not limited to delays due to any governmental action or any other entity acting on behalf of the government or acting as per the directions of the government, natural disasters, strikes or protests or any other reason rendering the delay in delivery of your order . In the unlikely event as aforesaid, that we fail to deliver your order within a reasonable period, we shall cancel the order and notify you regarding the same. In such cases, the refund will be made directly to your account via the same mode through which the payment was made. We only partner with reputed courier agencies to ensure that the products reach you promptly and in perfect condition. We also ensure that the delivery is made to the recipient and thus may require the identity proof for verification. Recipient needs to produce government issued photo identity proof for receiving the delivery.

Transit Insurance:

All goods will be fully insured by Tanishq until they reach you, so your purchase is 100% safe.

All products/services and information displayed on this site or any Tanishq websites, constitute an "Offer". Our “acceptance” of your order will take place upon dispatch of the product(s) ordered for home delivery . We strive to ensure the accuracy of the product and pricing information within the website, however there may be pricing or typographical errors due to technical issues beyond our control. In such an event where a product is listed at an incorrect price or with incorrect information, Tanishq has the right, at our sole discretion, to refuse or cancel any orders placed for that product up until dispatch for any reason.

Upon confirmation of your Order, You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. In the event that a non-delivery occurs on account of wrong name or address or any other wrong information entered by you, the extra cost incurred for redelivery shall be claimed from you. If there is any delay in the delivery caused due to any natural calamity, lockdown, curfew, public holiday or any other unforeseen circumstance, then you shall not hold Tanishq liable for such delay in the delivery of the product for reason not attributable to us and beyond our control.

We have made every effort to display the colours and sizes of our products that appear on our website as accurately as possible. However, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. Packaging of the product may vary from that displayed on the website

We endeavour that transactions are undertaken in currencies convenient to the Customer and thereby currencies for transaction are displayed on the website for the Customer’s ready reference. While using a credit card supplied by banks other than those in that local market, the amount on the credit card (or debit card) bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited and you agree that we shall have no liability for such price fluctuations or charges.

In the event of any applicable tax being levied or introduced by government authorities in a jurisdiction where products are sold or where Tanishq is incorporated and/or a tax resident, Tanishq reserves the right to charge such applicable tax at the prevailing tax rate or any other applicable tax rate (as applicable) in respect of any supply of products or services. You shall pay the amount of any such applicable tax as an addition to the invoice value.

Tanishq and other trademarks, such as those of its brands, products and service names found on the Website (collectively the 'Trademarks') are owned by Tanishq, its parent companies, associate companies, suppliers, business associates or third parties, whether registered or unregistered. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website without the express written permission of the relevant Trademark owner. The Trademarks may not be used in any way, including in advertising or publicity pertaining to the Products or the Website, without the prior written permission of Tanishq

Your information will be dealt in accordance with our Privacy Policy. Please go through our Privacy Policy as available on our link Privacy Policy.

i. PROHIBITED CONDUCT

You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree not to (i) defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law, (ii) harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses (iii) violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software, (iv) omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark, (v) transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information, (vi) download or upload files that are unlawful to distribute through the Website, (vii) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" the Website, (viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at Tanishq’s computer systems or otherwise, create unreasonable load upon any of Tanishq’s computer hardware, network, storage, input/output or electronic control devices or infrastructure, (ix) transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website, (x) falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another, or (xi) violate these Terms & Conditions in any other manner.

ii. CONTENT DISCLAIMERS

Tanishq does not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Website or the Content or the content of any other websites linked to or from the Website. The Content of the Website is provided on an "AS IS" basis without warranties of any kind either express or implied and you agree that your use of it is at your own risk. To the fullest extent possible pursuant to applicable law, Tanishq disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or other warranty related to violation of third party rights with respect to the Website, the Content, the Privacy Policy or any products, merchandise or services available on the Website or your use of the Website, its Content, or any products, merchandise or services available on the Website.

Tanishq may revise or withdraw the Content, in whole or in part, at any time without notice. Tanishq may at any time revise these Website Terms & Conditions by updating this posting. By using the Website, you agree to be bound by any such revisions and you explicitly agree to periodically visit this page to determine the then current Website Terms & Conditions to which you are bound. You agree that use of the Website without periodic review of the Website Terms & Conditions shall be solely at your own risk.

iii. EXTERNAL MATERIAL

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 warranties about them. We provide these links because we think they might interest you, but we do not monitor or endorse these websites. You assume sole responsibility for use of third party links.

To the fullest extent allowable under applicable laws, Tanishq hereby disclaims any and all liability for any losses, damages, costs, or expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential loss or damages, loss of data, loss due to a virus, loss of income, loss of profits, or other loss of or damage (including costs and expenses) of any nature whatsoever (even if we have been advised of the possibility of such losses or damages), arising out of or in connection with the Website, the Content, the Privacy & Security Policy or any products, merchandise or services available on the Website or your use of the Website, its Content, or any products, merchandise or services available on the Website.

We take no responsibility for any loss or damage suffered as a result of your order online except as required by law. Any product you buy from our website is completely at your discretion and you accept that you place the order only after thorough inquiry about the product and after satisfying yourself about the product, its features, its authenticity, its usage etc. Tanishq is not liable for any kind of damages or losses whatsoever suffered by any customer for your decision to purchase the product online. As a condition of use of this Website, you agree to indemnify us from and against any liability, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

These Terms & Conditions and relationship forming Contract between you and Tanishq will be governed by the laws of New York, and You hereby agree to submit to the exclusive jurisdiction of the courts in New York and to waive any objections based upon venue. The United Nation convention on Sale of Goods is expressly excluded from application by Tanishq and You.

Tanishq is currently registered to collect sales tax in certain states in the U.S. that imposes a sales tax. Sales tax will be automatically applied to your order based on applicable state and local sales tax laws and shipping destination as per Tanishq’s registration.

The prices displayed for the Products sold on this website is exclusive of taxes. Applicable taxes will be shown at the point of checkout prior to payment.

The terms contained herein are subject to change as taxation regulations continue to evolve. Tanishq continuously monitors state and local tax laws to ensure compliance.

We reserve the right to change the Website 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, we request you to refrain from using the Website.

If any part of this site disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.