Terms and Conditions
Please read these Terms and Conditions carefully before using the estahel.com website (the "Website") operated by Estahel Ltd ("us", "we", or "our"), a business registered in Mauritius. By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, then you may not access the Website.
1. Acceptance of Terms
By accessing and using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, our Privacy Policy, and any other policies or guidelines posted on the Website.
2. Products and Pricing
- Product Information: We strive to provide accurate descriptions and images of our jewelry products. However, we do not warrant that the product descriptions, colors, or other content on the Website are error-free. Variations in color and appearance may occur due to monitor settings and photography.
- Pricing: All prices are listed in Mauritian Rupees (MUR) and are subject to change without notice. We reserve the right to correct any pricing errors.
- Availability: Product availability is subject to change. We will inform you if a product you have ordered is out of stock and offer you a suitable alternative or a refund.
- Taxes: Prices displayed may or may not include Value Added Tax (VAT) as applicable in Mauritius. The final price including VAT (if applicable) will be displayed during the checkout process.
3. Ordering and Payment
- Order Placement: By placing an order through our Website, you are making an offer to purchase the products selected. We reserve the right to accept or reject your order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspicion of fraudulent activity.
- Order Confirmation: Once your order is placed, you will receive an order confirmation email. This email does not constitute acceptance of your order but confirms that we have received it. Your order is accepted when we dispatch the products and send you a shipping confirmation email.
- Payment Methods: We accept bank transfers and cash. You agree to provide accurate and complete payment information.
- Payment Security: We take reasonable measures to ensure the security of your payment information. However, we are not responsible for any unauthorized access to or use of your payment details by third parties.
4. Shipping and Delivery
- Shipping within Mauritius: We offer shipping within Mauritius. Shipping costs and estimated delivery times will be displayed during the checkout process.
- Delivery: We will make reasonable efforts to deliver your order within the estimated timeframe. However, delivery times are not guaranteed and may be affected by factors beyond our control, such as weather conditions, postal delays, or remote locations.
- Risk of Loss: The risk of loss and title to the products pass to you upon our delivery to the carrier.
- Inspection Upon Delivery: Please inspect your order upon delivery. If you notice any damage or discrepancies, please contact us immediately.
5. Returns and Exchanges
- Our Policy: We want you to be completely satisfied with your purchase and we take great care in ensuring the quality and accuracy of our jewelry products. Due to the nature of our products and for hygiene reasons, we do not offer returns or exchanges on any items purchased through our Website or on-site.
- Conditions for Returns/Exchanges for Website Orders: In the unlikely event that you receive a product that is damaged upon arrival, please contact us immediately (within 1 day of receiving your order) with clear photographic evidence of the damage. We will assess the issue in your presence at our shop and, at our sole discretion, may offer a repair, replacement with the same item (subject to availability), or a refund. In this instance, returns and exchanges may be accepted, provided the products are unused, unworn, in their original packaging with all tags attached, and accompanied by the original proof of purchase. Certain items, such as personalized or custom-made jewelry, or any product purchased on-site are not eligible for returns or exchanges.
Important Notes:
- We reserve the right to refuse any claim for damaged or defective items if the issue is deemed to be a result of misuse, neglect, or normal wear and tear.
- Any approved repair, replacement, or refund will be processed in accordance with our internal procedures.
6. Intellectual Property
- Website Content: All content on the Website, including but not limited to text, images, logos, designs, graphics, videos, and software, is the intellectual property of Estahel Ltd or its licensors and is protected by copyright, trademarks, and other intellectual property laws in Mauritius and internationally.
- Limited License: You are granted a limited, non-exclusive, and non-transferable license to access and use the Website for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Website without our prior written consent.
- Trademarks: estahel.com and our logo are trademarks of Estahel Ltd. You may not use these trademarks without our prior written consent.
7. User Accounts
- Account Creation: You may be required to create an account to access certain features of the Website or to place orders. You are responsible for maintaining the confidentiality of your account information, including your username and password.
- Account Responsibility: You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
- Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for any reason, including but not limited to violation of these Terms and Conditions.
8. User Content
- Submissions: If you submit any content to the Website, such as reviews, comments, or testimonials ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
- Responsibility for User Content: You are solely responsible for your User Content and warrant that it does not violate any third-party rights or applicable laws. You agree not to submit any User Content that is defamatory, libelous, hateful, illegal, obscene, or otherwise objectionable.
- Monitoring and Removal: We reserve the right, but have no obligation, to monitor, edit, or remove any User Content that we deem to be in violation of these Terms and Conditions or otherwise objectionable.
9. Prohibited Conduct
You agree not to:
- Use the Website for any illegal or unauthorized purpose.
- Interfere with or disrupt the operation of the Website or the servers and networks connected to it.
- Attempt to gain unauthorized access to any portion of the Website, other accounts, or computer systems or networks.
- Transmit any viruses, worms, malware, or other harmful code.
- Collect or harvest any personally identifiable information from other users without their consent.
- Engage in any form of spamming or unsolicited advertising.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
10. Links to Third-Party Websites
The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites.
11. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AND "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN MAURITIUS, IN NO EVENT SHALL ESTAHEL LTD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES IN QUESTION.
13. Indemnification
You agree to indemnify, defend, and hold harmless Estahel Ltd, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to your breach of these Terms and Conditions, your use of the Website, your User Content, or your violation of any third-party rights.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius. Any dispute arising out of or relating to these Terms and Conditions or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Mauritius.
15. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other policies or guidelines posted on the Website, constitute the entire agreement between you and Estahel Ltd with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written.
16. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
18. Changes to These Terms and Conditions
We reserve the right to modify or revise these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes. We encourage you to review these Terms and Conditions periodically for any updates.
19. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Estahel, Plaisance Shopping Village, Rose Belle, Mauritius
contact.estahel@gmail.com
+230 5927 6086
By using our Website, you signify your acceptance of these Terms and Conditions.