Terms and Conditions of all Transactions
Below listed terms and conditions apply to the House of Kanak website located at https://houseofkanak.com and all associated websites linked to HOUSE OF KANAK by House of Kanak LLC, its subsidiaries and affiliates, including House of Kanak's sites around the world (collectively 'the site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. By using the website, even if you have not read them, you agree to be bound by these terms and conditions. The onus to read the terms and conditions of use is upon the user of the site.
These terms and conditions govern the site visitor and his use of, and any purchase from, the House of Kanak website, and constitute an agreement between you and House of Kanak. House of Kanak reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the site at any time, at its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the site. We shall mention the last updated date of our policies, so your continued use of the site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the site. If you do not agree to the amended terms, you must stop using the site.
Product Availability and Pricing
If you are interested in a piece of jewelry that is unavailable / is ex-stock & needs to be back-ordered, kindly contact us and we can tell you when the item will be back in stock or likely to be made available. It does happen that an item may not be in stock or may go out of stock before we are able to post a notification on the site. If this happens, once we know your interest, we will contact you directly to discuss possible options.
Different information, including prices, may have been inaccurately displayed on our site due to system or typographical and human errors. While we make every attempt to avoid such errors, they may and do occur. We reserve the right to correct any and all errors when they do occur or as soon as we realize it, and however we do not agree to honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been processed, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at [email protected] or by phone at (310) 658-2082.
We do not negotiate prices on our products and all our prices are final.
A lot of our customers prefer and receive customized jewelry specifying their preference of metals/ colors/ gemstones / ring sizes and other specifications. The delivery time for these customized orders is up to 2 working weeks. We always try for quickest delivery, in all transactions our liability shall always remain limited to the value of the merchandise sold and no consequential damages or claims whatsoever can be made upon us over and above the value of the transaction. Usage of our website and entering a binding contract through a purchase confirmation by the buyer becomes an acceptance of this pre-condition to the transaction.
In cases of late delivery, we will always inform you and ask you whether we should proceed or not. Cancellation of the order is at the customer's discretion and our 30 days money back refund remains valid on all transactions.
To keep our prices low, we do not allow nor encourage comparison purchasing for all purchases globally. Within the USA we do not permit comparison purchasing. This is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
Information on our website
At House of Kanak, it is our intention that we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, we provide a zoom facility & some products may appear larger or smaller than their actual size in our photographs. Since every computer monitor is set differently, color and size may vary slightly. We also clarify that images of products have been edited for website suitability.
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape with multiple views of a particular item. In compliance with industry standards and FTC regulations, House of Kanak states that carat total weight in all purchases may vary up to 0.05 carats from stated weight. In most jewelry sold on our website the diamond weight is stamped on the jewelry itself and shall be stated in the quality Authentication Certificate as well.
On the site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
For gemstone and pearl measurements, a tolerance of 0.3mm is allowed.
Policy on Ethical Sourcing
The gold used in our production is sourced from established refineries through banks dealing in bullion at locations where the jewelry is manufactured such as in Mumbai, India besides other places worldwide.
The site and all content and other materials, including, without limitation, the House of Kanak logo, and all designs, text, graphics, pictures, selection, coordination, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "website materials") are the proprietary property of House of Kanak or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Third Party Content
House of Kanak may provide links to web pages and content of third parties ('Third Party Content') as a service to those interested in this information. House of Kanak does not monitor or have any control over any Third Party Content or third party Sites. House of Kanak does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. House of Kanak does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
House of Kanak, the House of Kanak logos, and any other product or service name or slogan contained in our Site are trademarks of House of Kanak and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of House of Kanak or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "House of Kanak" or any other name, trademark or product or service name of House of Kanak without our prior written permission. All other trademarks, registered trademarks, product names and House of Kanak names or logos mentioned in our Site are the property of their respective owners.
Use of the Website
You are granted a personal, limited, non-sub licensable license to access and use our website and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include:
(1) The distribution, public performance or public display of any website materials,
(2) Modifying or otherwise making any derivative uses of our website and the website materials, or any portion thereof;
(3) Downloading (other than the page caching) of any portion of our website, the website materials or any information contained therein, except as expressly permitted on our website;
(4) The collection and use of any product listings, pictures or descriptions for commercial purposes;
(5) Any resale or commercial use of our website or the website materials therein;
(6) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our website;
(7) use of any automated means to access, monitor or interact with any portion of our website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
(8) Use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our website or the website materials other than for its intended purpose. Any use of our website or the website materials other than as specifically authorized herein, without the prior written permission of House of Kanak, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In accordance with the laws prevalent in the United States, Europe, India and by the Digital Millennium Copyright Act (DMCA), and other applicable laws, House of Kanak has adopted a policy of terminating and barring, in appropriate circumstances and at House of Kanak's sole discretion, website users or account holders who are deemed to be repeat infringers. House of Kanak may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. We reserve the right to prevent usage of the site in the event in our opinion, a user is in violation of laws prevalent in the United States, Europe and India.
Product Reviews and User Content
Our website includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our site ('Interactive Areas'). Website visitors are solely responsible for use of such interactive areas and use them at their own risk. By using any interactive areas, website visitors agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following:
- User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any user content, you represent and warrant that you have the lawful right to distribute and reproduce such user content;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User content that, in the sole judgment of House of Kanak, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose House of Kanak or its users to any harm or liability of any type.
- Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
If users post user content to our website, unless we indicate otherwise, you grant House of Kanak and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content throughout the world in any media. Users grant House of Kanak and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. Users represent and warrant that (a) users own and control all of the rights to the user content that users post or users otherwise have the right to post such user content to our website; (b) the user content is accurate and not misleading; and (c) use and posting of the user content users supply does not violate these terms and conditions and will not violate any rights of or cause injury to any person or entity.
Website visitors and customers agree to defend, indemnify and hold harmless House of Kanak, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content posted by the user, store or otherwise transmit on or through our website or use of or inability to use our website, including without limitation any actual or threatened suit, demand or claim made against House of Kanak and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the content, your conduct, your violation of these terms and conditions or your violation of the rights of any third party.
Users and customers acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, House of Kanak, or our products or services that are provided by users to House of Kanak are non-confidential and shall become the sole property of House of Kanak. House of Kanak will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Users grant House of Kanak and its affiliates and sub licensees the right to use the name that users submit in connection with such content, if they choose. Users represent and warrant that (a) the user owns and control all of the rights to the content that you submit, or that the user otherwise has the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content supplied will not violate any rights of or cause injury to any person or entity.
California Residents Privacy Rights
If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes and the names and addresses of the third parties and affiliates that received your information in the past year, please submit a written request to the following address: House of Kanak LLC, 7312 Louetta Road B-118 Ste 147, Spring, TX 77379; attn: California Privacy. Please allow up to 30 days for us to process your request. You may submit such a request once per year.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY HOUSE OF KANAK, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED NOR IMPLIED. HOUSE OF KANAK DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. HOUSE OF KANAK DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HOUSE OF KANAK DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL HOUSE OF KANAK, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HOUSE OF KANAK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HOUSE OF KANAK'S RECORDS, PROGRAMS OR SERVICES.
Services are offered subject to the Force Majeure Clause.
Applicable Law and Venue
These terms and conditions and your use of this site will be governed by and construed in accordance with the laws of the United States and at all times the jurisdiction for any and all transactions shall remain within the United States. Similarly any legal disputes, applicable to agreements made will be entirely performed within the United States, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the courts of the United States and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these terms and conditions.
Modification and Notice
You agree that House of Kanak may modify these terms and conditions and any other policies on our website at any time and that posting the modified terms and conditions or policies on our website will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, House of Kanak reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at [email protected] or (310) 658-2082. These terms and conditions do not apply to content provided by any insurance company, specifically the Jewelers Mutual Insurance Company.
Terms and Conditions updated on June 9th, 2020.