T E R M S & C O N D I T I O N S
TERMS OF WEBSITE USE
OTHER TERMS THAT WILL APPLY TO YOU
Our Terms and Conditions of Sale set out the terms of sale for any item you may purchase from us through this site, by telephone or by means other than over the shop counter (“Distance Sales”). By continuing to use the site, or making a purchase using a distance selling medium, you consent to the application of those terms.
INFORMATION ABOUT US
www.rakamjewellery.com is a site operated by Lord Image (we/us/our). We are registered in India and have our registered office at C-50 Axis Mall, Bhagwandas Road, C-Scheme, Jaipur-302001, Rajasthan, India.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if, for any reason, our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and that they comply with them.
You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law or regulation; (including the purchase of any product which is prohibited in the territory in which you live or to which it is to be delivered);
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• not to produce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
• not to access without OUR authority, interfere with, damage or disrupt:
• any part of our site
• any equipment or network on which our site is stored
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and you may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You may share material from our site on social media sites (Facebook, Twitter etc.) subject to these terms. Such use must be for personal use only, not for business purposes, or to suggest a connection between us and any third party. It must not be used to promote other products or services and we reserve the right to have any material removed immediately on notice.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
We pride ourselves on our innovative and stylish designs and go to great lengths to create products that are uniquely Rakam. All of our products and names of ranges are protected against copying by domestic and international law. We reserve all our rights concerning our trademarks, copyright and unregistered design rights.
Copying of any product in any form will be an infringement of our intellectual property rights and is strictly prohibited.
Our status, (and that of any identified contributors), as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes.
We may from time to time provide interactive services on our site, including, without limitation:
• chat rooms
• bulletin boards
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material. All prices are inclusive of GST in India, where applicable, at the prevailing rate.
These content standards apply to any and all material which (where the service is made available) you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• comply with applicable law in India and in any country from which they are posted.
Contributions must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, ability to use or the results of the use of our site, any websites linked to it and any materials posted on it including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH DISTANCE SALES
Contracts for the supply of goods and/or services formed through our site or which may otherwise be covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or as a result of visits made by you are governed by our terms and conditions of supply.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
“Lord Image” is our registered Trademark and “Rakam” is our registered brand name.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which Rakam supply any of the products (Products) listed on and sold through our site (Website Terms and Conditions) www.rakamjewellery.com (our site) and within our brochures when sold to a customer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations). Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site or from our catalogues, other than purchases over the counter at our shop. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. These terms and conditions are supplemented by our Terms for Supply of Goods and Services (Sale Terms and Conditions). Where there is any conflict between the Website Terms and Conditions and our Sale Terms and Conditions, the Website Terms and Conditions shall prevail for Distance Sales. These Website Terms and Conditions do not apply to over the counter sales at our shops and concessions, please refer to our General Terms and Conditions or ask in store.
You should print a copy of these terms and conditions for future reference.
By placing an order through this site or via a Distance Sales medium, you have accepted the terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site, please contact us should you chose to refuse the terms and conditions.
1. INFORMATION ABOUT US
1.1 We operate the website www.rakamjewellery.com. We are Lord Image, a company registered in India with our registered office at C-50 Axis Mall, Bhagwandas Road, C-Scheme, Jaipur-302001, Rajasthan, India. Our GST number is 08AADFL1933G1ZI.
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in the countries listed on this page. We do not accept orders from individuals outside those countries. Where orders are inadvertently accepted from outside those countries, we reserve the right to cancel the order without liability to the Customer. The Customer will receive a full refund for any payment made, subject at our discretion to our withholding our reasonable costs and always pursuant to 6.4 below. Some restrictions may be placed on the extent to which we accept orders from specific countries. These restrictions (if any) can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our site from that country;
(e) there are no trade embargoes within that country which would prevent your import of the Product.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order through the site, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). This process also applies where orders are placed by telephone or other Distance Sales. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation or the order is otherwise dispatched.
4.2 The Contract will relate only to those dispatched Products. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products. Where we have been provided with an email address, this will be confirmed in a separate Dispatch Confirmation.
4.3 Rakam has in place a policy of ethical sourcing of stones and other materials for the Products. However some countries have embargoes relating to the ban of certain stones or raw materials, such as Burmese rubies into the United States of America. In certain circumstances a Product may not be returned to Rakam due to similar embargoes by India. It is you responsibility to ensure that the Product you are buying does not breach the rules applicable in the country to which the Product is shipped so preventing us from supplying the Product to you (and potentially incurring costs if the Product is returned to us from the border), and that if required, it is capable of return to us in India as we are unable to offer you a refund. If you have any doubts or queries, you should contact our customer sales team for further information and see 6.3 below.
5. OUR STATUS
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
If you are contracting as a consumer, this DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or Citizens Advice Bureau.
6. CONSUMER CANCELLATION RIGHTS
6.1 If you are contracting as a consumer under the Regulations, you have a statutory right to cancel for any reason and receive a full refund, except in the case of certain products listed in clauses 6.3 and 6.4. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation. If the Products have been delivered to you, you may cancel at any time within fifteen days, starting from the day after you receive the Products, or where the Products are dispatched in stages, 15 days from the date you received the last delivery.
6.2 To cancel a Contract, you must inform us of the cancellation within the period stated above. We have also provided a cancellation form for your use, though you need not use the cancellation form provided. If you use the cancellation form provided, we will acknowledge receipt of your cancellation in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable. For orders within India and overseas, the buyer has to pay the cost of return delivery by accepted means. You have a legal obligation to take reasonable care of the Products whilst they are in your possession.
6.3 Please see our terms and conditions of business which contain important provisions relating to the return of certain Products which contain stones or materials which may be the subject of India trade embargoes and which are therefore not capable of return. In such circumstances, we are unable to offer a refund.
6.4 You will not have any right to cancel a Contract for the supply of any made-to-measure order or personalised products.
6.5 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision is in addition to and does not affect your other statutory rights as a consumer under the Regulations or under any other English or applicable European law or regulation for the protection of the customer. Clause 25.2 provides an alternative form of resolving any dispute you may have with us,that we are unable to fully resolve ourselves.
Save in respect of clause 6.3, this clause 6 only applies if you are contracting as a consumer.
7. AVAILABILITY AND DELIVERY
7.1 The Products which we display cover a selection of designs available through our shop and concessions in India. Whilst we make every effort to give you an accurate impression of our Products, please note that images may not be to scale and colours shown are as accurate as internet and photographic technology reasonably allows.
7.2 Not all stock will be available at our flagship store. If you intend to visit our flagship store, we would advise that you confirm with the flagship store beforehand to confirm the availability of the Product you are considering purchasing. We will normally arrange to have Products transferred to our flagship store for viewing and sale purposes.
7.3 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, where applicable.
9. PRICE AND PAYMENT
9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Product prices include the Indian GST, where applicable. However, if the rate of GST changes between the date of your order and the date of delivery, where applicable, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product at the correct price, or reject your order and notify you that we are rejecting it.
9.5 If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we do not have to provide the Products to you at the incorrect (lower) price even where we have provided a dispatch confirmation.
9.6 Payment for all online Products can be made by either credit/debit card or by bank transfer. If you are paying by credit/debit card, we will obtain pre-authorisation from your issuing bank/credit company to apply the debit against you card and we will charge your credit or debit card at the point of Dispatch Confirmation being sent. We reserve the right to apply the debit earlier if we deem it appropriate. If the Product is not available, we will credit monies taken back to the card account from which they came.
If you are paying by bank transfer we will confirm receipt of payment with you once your funds have arrived in our bank account. We will then contact you to arrange shipment of the Product. If the Product is not available, we will return monies taken to the bank account from which they came. We sell in pounds sterling, you are responsible for any shortfall as a result of currency fluctuation where payment is made other than n pound sterling.
10. OUR REFUNDS POLICY
10.1 If you return a Product to us:
(a) if you are contracting as a consumer under the Regulations, because you have cancelled the Contract between us within the fifteen-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 15 days of the day on which you returned the Product to us subject to a examination of the product. In this case, we will refund the price of the Product in full.
(b) for any other reason (for instance, because you have notified us in accordance with clause 24 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of our findings and (where applicable) confirm your refund (or our reasons why we believe you are not entitled to a refund) via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 15 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full. Refunds will not be available where we reasonably find that the Product has been damaged following delivery to you. For refunds not covered by the Regulations, where we accept that the goods are faulty, we may, at our discretion refund a proportion of the price where we find that the Product has suffered wear and tear as a result of your possession of it. Please refer to your obligations contained in clause 10.3 below.
10.2 We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase. We will not be liable to you for any fluctuation in currency exchange rates.
10.3 If you wish to return a Product to us, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. OUR LIABILITY TO A BUSINESS
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
12.2 SUBJECT TO CLAUSE 12.3, WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS THAT FALL INTO THE FOLLOWING CATEGORIES EVEN IF SUCH LOSSES RESULT FROM OUR DELIBERATE BREACH:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.2
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
This clause 12 does not apply if you are contracting as a consumer. Please see clause 13.
13. OUR LIABILITY TO A CONSUMER UNDER THE REGULATIONS
13.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
13.2 We only supply the Product for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights Act 2015 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by sections 9, 10, 11, 13 and 15 of the Consumer Rights Act 2015 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
(e) defective products under the Consumer Protection Act 1987; and
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you are contracting as a business, this clause 13 does not apply. Please see clause 12.
14. IMPORT DUTY
14.1 If you order Products from our site for delivery outside India, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible ensuring that the Product is not the subject of a trade embargo of the country to which it is shipped and for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office, or telephone our enquiry line, for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. NOTICES AND COMMUNICATIONS
All notices given by you to us must be given Lord Image at C-50 Axis Mall, Bhagwandas Road, C-Scheme, Jaipur-302001, Rajasthan, India or to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. For communications not covered by the Regulations, you may also visit our flagship store and speak directly to our staff.
17. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A BUSINESS
17.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
This clause 17 does not apply if you are contracting as a consumer. Please see clause 18.
18. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
18.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
18.2 You may only transfer your rights and obligations under this Contract if we agree to this in writing.
This clause 18 does not apply if you are a business. Please see clause 17.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) retention of products by any authority including customs;
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Where you are contracting as a consumer, this clause does not affect your statutory rights.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
22.4 Nothing in this clause limits or excludes any liability for fraud.
If you are contracting as a consumer, this clause 22 does not apply. Please see clause 23.
23. OUR CONTRACT WITH YOU
If you are contracting as a consumer under the Regulations, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
If you are contracting as a business, this clause 23 does not apply. Please see clause 22.
24. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
24.1 We have the right to revise and amend these terms and conditions from time to time.
24.2 You will be subject to the policies and terms and conditions (as set out or referred to in these Website Terms and Conditions) in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
25. LAW AND JURISDICTION
25.1 Contracts for the purchase of Products through our site or otherwise under the Regulations and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Indian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will, subject to clause 25.2, be subject to the non-exclusive jurisdiction of the courts of India.
25.2 Where applicable in Indian Law, any consumer complaint or dispute with us arising from Distance Sales which we are otherwise unable to settle may be submitted for online resolution.
26. THIRD-PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
PLACES RAKAM DELIVERS TO
Rakam delivers overseas to the following countries:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey, Hungary, Ireland, Italy, Jersey, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland (approximately 7 - 10 working days)
Far East: Hong Kong, Japan, Malaysia, Singapore, Thailand (approximately 6 - 10 working days)
Rest of the world:
Australia, Bahrain, Israel, New Zealand, Qatar, Saudi Arabia, UAE (approximately 10 - 12 working days)
Note that even in countries which we will deliver to, there may be specific exclusions relating to individual items or restrictions on certain items dependent on the country of export/import. Please contact us in the event that you are in a country which is not listed as we may still be willing to deliver, at our discretion.
Please note we cannot be held accountable for delays in delivery including customs clearance. See our Website Terms and Conditions of Supply for further information. WE RESERVE THE RIGHT TO DECLINE ANY ORDERS.