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Welcome to crystalgiftmarket.com, a division of Crystal Mirage Limited (CML) an ISO 9001:2000 Company and its affiliates provide their services via this website to you subject to the following notices, terms, and conditions. In addition, when you use any crystalgiftmarket.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.
Please check this Agreement periodically for changes as Crystalgitmarket.com reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. CML reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
Copyrights and Trademarks
By submitting a design or a logo to Crystal Mirage Limited, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.
Further you warrant and represent that no part of the design: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent Crystal Mirage Limited from legally reproducing the images or text submitted.
You agree to defend, at your sole expense, any claim, suit, or proceeding brought against Crystal Mirage Limited which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that CML gives you written notice of any such claim and provides you such reasonable cooperation and assistance as you may require in the defense thereof. You shall pay any damages and costs assessed against Crystal Mirage Limited pursuant to such a suit or proceeding. Further, you agree to indemnify and hold Crystal Mirage Limited harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys' fees and costs) associated with any such claim, suit or proceeding.
All items shown on this web site containing corporate logos or registered trademarks are shown only to illustrate CML logo reproduction capabilities. Purchase of merchandise from CML in no way, shape or form grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.
Customers agree to allow Crystal Mirage Limited to display their logos and personalization copy with intend of demonstrating examples of work to potential clients.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Crystal Mirage Limited (CML) and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if CML believes that customer conduct violates applicable law or is harmful to the interests of CML and its affiliates.
Typographical Errors
Crystal Mirage Ltd. and/or its suppliers are not responsible for errors (typographical or otherwise) in its specifications, price lists, or other information provided on its Web site. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers,CML shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.CML shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled,CML shall immediately issue a credit to your credit card account in the amount of the charge.
Shipping Delays / Shipment Redirect
Customer agrees not to hold Crystal Mirage Limited accountable for shipping and delivery delays. When your order is shipped from our engraving facility, it is carrier's responsibility to deliver the order in time allocated according to the shipping method. Late approvals from customers may require expedited shipping methods or in some cases rush production charges.
Upon placement of order, please check your confirmation email to ensure that the ship to address is correct. If there is an error, please contact us immediately via email with the correct address. Once your package has been shipped, FedEx bills us a $10 redirect charge should the address need to be changed, corrected or packages redirected while the order is in transit. We in turn charge customers the $10.00 FedEx redirect charge.
Graphical Proofs
In order to ensure customer satisfaction, we proof all orders which require personalization and engraving. We strongly encourage customers to proof-read and spell-check personalization text prior to order submission. Customer revision and approval of graphical proofs is required for all engraved orders. We will not proceed with final engraving until customer's approval is received.
Personalization text changes, including spelling corrections and layout changes require a new proof. We provide up to two complimentary graphical proofs for each order. All additional proofs, layout, spelling and personalization changes requested by the customer will incur a $10 charge per proof.
We ask customers to reply to proof emails within 24 hours so as not to effect expected date of shipment. Late approvals from customers may require expedited shipping methods or in some cases rush production charges.
Crystal Mirage Ltd. does not take financial responsibility for the incorrect spelling of personalization text provided by the customer. It is the customer's responsibility to spell check and proof read personalization text prior to submitting their orders. Customers are responsible for the charges they have authorized. We strongly encourage our customers to carefully review the proofs before the product is permanently engraved.
Merchandise Exchange and Return
All sales and orders are final. Due to the fact that our merchandise is personalized and made to custom specifications, it can not be returned. There are no refunds once your order is in production. If you have approved the artwork or graphical proof for your order, your order is in production and cannot be cancelled. In addition, we do not offer returns for blank items. All orders are considered custom.
Pre-production cancellation
The customer is liable to pay the agreed upon price for any work that may have been completed up to the pre-production time, if we are able to cancel your order. These charges may include but are not limited to setup charges, artwork preparation charges, shipping charges and restocking fees. The artwork set-up fee of $25.00 and restocking fees (up to 40% of the total order) will be charged if the order is cancelled prior to production or proof approval.
Crystal Mirage Ltd. does not take financial responsibility for the incorrect spelling of personalization text provided by the customer. It is the customer's responsibility to spell check and proof read personalization text prior to submitting their orders. You are responsible for the charges you have authorized. We strongly encourage our customers to carefully review the proofs before the product is permanently engraved.
Freight Claims, and Breakage
Please note that FedEx and Trackon will not deliver to PO boxes, or APO/FPO addresses. Please make sure that your shipping address is a physical address.
Before we ship your order, we send each item to our quality control team, where it is thoroughly inspected. After all products are inspected, the order is carefully packaged and shipped to the customer's shipping address. All goods become customer's property at the time they are accepted by the carrier. All goods are customized products with the customer personalization and are not returnable.
We insure each package shipped for its original value. Please inspect the merchandise upon receipt. Customers are responsible for filing damage or loss claims, in the event shipping carrier damages products in transit. We strongly advise to retain original packaging, including boxes, cartons, all of the packing material and the damaged items for carrier's inspection. All freight damages must be reported to us and an appropriate shipping carrier within 3 business days of merchandise receipt.
Customers are responsible to pay all shipping costs, custom duties, taxes or tariffs associated with their orders.CML is not responsible for preparing or providing import, export and certificate of origin documentations.
Merchandise Inspection and Claims
We strongly encourage our customers to thoroughly inspect all merchandise upon receipt. Production defects or flaws must be reported within 3 business days of merchandise receipt. Crystal Mirage Limited reserves the right to deny claims reported after 3 business days of merchandise receipt.
We use deep etching technique also called sandblasting. This technique requires manual engraving of each individual crystal. Variations in depth of etch will occur naturally and it is absolutely acceptable. Variations of etch depth are not considered defects or flaws.
To report production defect, please contact us via fax and include the following information: company name, contact name, contact phone number, list of merchandise received, and a note explaining loss or damage. Do not return merchandise without our authorization. All returns must be authorized in writing by a representative of Crystal Mirage Limited Unauthorized return shipments will be returned back to the customer at customer's expense.
In the event of production defects, we will issue a refund or a replacement after we receive, inspect, and verify the defects in the merchandise. Production time of the replacement may vary between 5-7 business days.
Payment Terms
We do not recommend submitting your credit card information via email, you can call in or fax your card information to us. When providing credit card information, please include your order number, the type of card, the card number, the expiration date and your full name and billing address as it appears on the card. Information regarding account number and expiration dates as well as authorized signatures will be held entirely confidential. When paying by credit card, you will be charged 100% of the amount stated on your receipt as soon as we start working on your order. This secures the merchandise and puts the order into production to be customized.
Cheque Payments
A Returned Check Fee of $25.00 will be assessed in the event a check is returned for Non Sufficient Funds.Products are shipped when the funds clear our bank. In the event your order is time-sensitive, we strongly recommend using a credit card.
Blank Sample Request
A sample request is a merchandise purchase of maximum two blank items that can be returned within 7 business days upon receipt of the merchandise. A full payment for the merchandise, shipping, insurance and handling fees will be charged to the customer's credit card when the merchandise is shipped.
The customer assumes full liability and responsibility for the sample merchandise in transit and at their location. If the sample merchandise is returned to Crystal Mirage Limited within 7 business days; in the original packaging and original condition (brand new), the customer's credit card will be credited for the cost of merchandise only.CML will not issue refunds for merchandise returned after 7 business days upon customer's receipt of the merchandise or merchandise returned damaged. Customers are responsible for filing damage claims with the shipping carrier.
The customer agrees to pay all shipping, insurance, and handling charges incurred during shipping the sample items, including shipping and insurance of the merchandise back to CML Shipping and insurance charges will be billed to the customer's credit card or waived if the customer uses their own shipping account.
Purchase Orders
We accept purchase orders from accredited Indian companies and organizations. Crystal Mirage Limited reserves the right to approve or deny purchase order terms. Please email info@crystalgiftmarket.com to request purchase order terms approval.
Purchase orders must be submitted on our purchase order form. Your purchase order form can only be accepted when accompanied by a unique PO number and the signature of the officer authorizing the purchase. We cannot ship products ordered from purchase orders until the purchase order documentation is on file and has been verified.
Purchase order terms must be pre-approved by our sales representatives.Crystal Mirage Limited extends 15-Day or 30-Day Net payment terms on all faxed and electronic purchase orders. All unpaid invoices and purchase orders shall bear interest at an amount equal to 1.5% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, and termination of any one or more sales agreements. Notwithstanding any "net" payment provisions specified on the invoice, CML shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by CML at any time and without prior notice. In the event the sales invoice shall be placed by Crystal Mirage Limited in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing CML security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights proceedings.
Tax Free and Resale Purchases
Businesses or individuals who ARE NOT located in India are NOT subject to retail tax. Businesses located in India must complete the certificate of resale and fax it to us in order to be exempt from resale tax. Individuals who reside in the state of Maharashtra, India are subjected to retail sales tax.
Sizes and Dimensions
Due to the fact that each crystal is cut by hand, actual sizes may slightly vary from sizes quoted.
Merchandise Delivery for Engraving
1. All shipments and deliveries of merchandise with intent to undergo an engraving process must be first approved by a representative of CML No shipments or deliveries will be accepted without a written approval and authorization of our representative. All unauthorized shipments will be returned back to the customer at customer's expense.
2. A signed waiver statement must accompany each shipment or delivery. If a customer fails to present a signed waiver statement prior or at the time of the delivery,CML reserves the right to reject the delivery. Shipments and deliveries that do not include a signed waiver statement will be returned back to the customer at customer's expense.
Waiver and Release Liability Statement
In acknowledge and understand that, Crystal Mirage Limited does not take financial responsibility for the condition of the merchandise that was in a possession of a customer or a third party prior to engraving. The merchandise is received "as is", and "with all faults, if any". Any damages to the merchandise are assumed to have occurred while in the possession of the customer or the third party and prior to merchandise delivery.
I hereby waive and relinquish any right to future claim or cause of action by me or any representative of my organization to hold Crystal Mirage Limited responsible for any damages to the merchandise.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Crystal Mirage Limited is not responsible for the operation of or content located on or through any such site.
Applicable Law
This site is created and controlled by Crystal Mirage Limited in India. As such, the laws of the India will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
Terms of Sale
These terms and conditions of sales are the terms and conditions upon which Crystal Mirage Limited makes all sales. CML will not accept any other terms and conditions of sale, unless Buyer and CML have executed a master contract which specifically supersedes and replaces these terms and conditions. Acceptance of all purchase orders is expressly made conditional upon Buyer's assent, expressed or implied, to the terms and conditions set forth herein without modification or addition.
1. ACCEPTANCE
Buyer's acceptance of these terms and conditions shall be indicated by any of the following, whichever first occurs: (a) Buyer's making of an offer to purchase Product from Crystal Mirage Limited; (b) Buyer's written acknowledgment hereof; (c) Buyer's acceptance of any shipment of any part of the items specified for delivery (the "Products"); or (d) any other act or expression of acceptance by Buyer. CML acceptance is expressly limited to the terms and conditions hereof in their entirety without addition, modification or exception, and any term, condition or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by CML and silence or failure to respond to any such subsequent or different term, condition or proposal shall not be deemed to beCML acceptance or approval thereof. Customers agree to allow CML to display their logos and personalization copy with intend of demonstrating examples of work to potential clients.
2. DELIVERY
Unless otherwise agreed in writing, delivery shall be made in accordance with Crystal Mirage Limited shipping policy in effect on the date of shipment. For all domestic transactions, unless otherwise stated on the front of the invoice, title to, and all risk of loss or damage with respect to the Products shall pass to Buyer upon delivery by Crystal MIrage Limited to the carrier or Buyer’s or carrier’s representative at CML location. For all international transactions, the Product shall be sold on a delivered, insurance paid, duty and international freight unpaid basis. CML assumes no responsibility for charges attendant to Customs clearance in the country of delivery, customs duty, VAT or any other charges or taxes within the country designated for delivery by the Buyer. Buyer shall promptly notify CML in no event later than three (3) business days after delivery, of any claimed shortages, breakages or rejection as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. CML shall not be liable for any shipment delays. It is carrier’s responsibility to deliver the order in time allocated according to the shipping method. Buyer is responsible for filing damage or loss claims, in the event shipping carrier damages products in transit. We strongly advise to retain original packaging, including boxes, cartons, all of the packing material and the damaged items for carrier’s inspection. In order to verify that the merchandise was received safely by our customers we require signature an all shipments or deliveries. FedEx is instructed not to drop off the merchandise without customer’s signature. Per customer’s request we can bill shipping charges directly to customer’s FedEx account if provided. In the event FedEx account provided by the customer is invalid or inactive, or FedEx has failed to collect freight / shipping fees from the customer, FedEx automatically bills Crystal Mirage Ltd. Customer agrees to pay all shipping charges and fees and agree to be charged back for such charges and fees if FedEx reverses shipping charges back to Crystal Mirage Ltd. reserves a right to automatically bill customerýÿs credit card for any shipping or freight fees owed to the company. In the event customer fails to sign for the delivery of merchandise and FedEx returns the package back to our company, customer agrees to pay additional shipping charges associated with delivering merchandise to an alternative address.
3. PRICE AND PAYMENT
Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), as well as import or customs duties, license fees and similar charges, however designated or levied on the sale of the Products (or the delivery thereof) or measured by the purchase price paid for the Products. (Crystal Mirage Ltd. prices set forth on the front side of the invoice do not include such taxes, fees and charges.) Exemption certificates must be presented prior to shipment if they are to be honored. Payment in full is due thirty (30) days ROG (Receipt of Goods). Crystal Mirage Ltd. at its discretion, may require reasonable advance assurances of payment through irrevocable bank letters of credit or otherwise. All unpaid invoices shall bear interest at an amount equal to 1.5% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Buyer’s failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, and termination of any one or more sales agreements. Notwithstanding any “net” payment provisions specified on the invoice, CML shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by CML at any time and without prior notice.CML retains (and Buyer grants to CML by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest. In the event the sales invoice shall be placed by CML in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing CML security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney’s fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor’s rights proceedings. If a sale is to occur, or the Product is to be shipped, outside of the India, Buyer acknowledges and agrees that the amount due Crystal Mirage Ltd. is contracted in INR (Indian Rupee) and that payment in INR (Indian Rupee) is of the essence.
4. PRODUCT RETURNS
All sales and orders are final. There are no refunds once Buyer’s order is in production. If Buyer approved the artwork or graphical proof of order, then the order is in production and cannot be cancelled. In addition, Crystal Mirage Ltd. does not offer returns for blank items. Buyer is liable to pay the agreed upon price for any work that may have been completed up to the pre-production time, if CML is able to cancel the order. These charges may include but are not limited to setup charges, artwork preparation charges, shipping charges and restocking fees. The artwork set-up fee of $25.00 and restocking fees (up to 40% of the total order) will be charged if the order is cancelled prior to production or proof approval. CML does not take financial responsibility for the incorrect spelling of personalization text provided by Buyer. It is the Buyer’s responsibility to spell check and proof read personalization text prior to submitting orders. Return of Products purchased and claimed to be defective, shall be governed by CML Product Return policies. Buyer must notify CML of defects in product delivered in no event later than three (3) business days after delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for claims of defects. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. Upon defective product claim investigation, CML will determine a validity of claim. If product is determined to be defective by CML, CML will produce and ship product replacement. Crystal Mirage Ltd. reserves the right to modify or eliminate this or any such policies at any time. Although CML policies may permit Buyer to return Products claimed to be defective under certain circumstances, CML makes no representations or warranties of any kind with respect to the Products. M/S.CRYSTAL MIRAGE LMIMITED HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CRYSTAL MIRAGE LTD. WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY. The right to return defective Products, as previously described, shall constitute CML sole liability and Buyer’s exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In the event Crystal Mirage Ltd. issues a return authorization to Buyer allowing Buyer to return Product to CML, Buyer will deliver the Product to Crystal Mirage Ltd. address in the Mumbai, India, if so required by CML, and Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes) as well as import or customs duties, license fees and similar charges, however designated or levied, on any replacement Product to be shipped by Crystal Mirage Ltd. to Buyer.
5. LIMITATION OF LIABILITY
Crystal Mirage Ltd. shall not be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with the agreement to sell Product to Buyer or the Product, including, but not limited to, damages for lost profits, loss of use, lost data or for any damages or sums paid by Buyer to third parties, even if Crystal Mirage Ltd. has been advised of possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
6. GENERAL
These terms and conditions shall constitute the final, complete and exclusive agreement of the parties with respect to all sales by Crystal Mirage Ltd. to Buyer and shall supersede all prior offers, negotiations, understandings and agreements. Unless Buyer and CML have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of Crystal Mirgae Ltd. in the India. Any waiver by CML of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. No failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any provision of these terms and conditions that is prohibited or unenforceable under the laws of the Maharashtra, India shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the Maharashtra, India. The venue for any disputes arising out of any sales agreement shall be, at Crystal Mirage Pvt. Ltd. sole and exclusive option, Mumbai or the courts with proper jurisdiction at Buyer’s location. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND INDIAN SALE OF GOODS ACT 1930, IF OTHERWISE APPLICABLE.
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