Terms & Conditions

 TERMS AND CONDITIONS

1. IN GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

This Website also contains links to other websites, which are not operated by XEVANA (the "Linked Sites"). XEVANA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

2. PRIVACY POLICY

Our privacy policy sets out how we will use your information. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

XEVANA is committed to protecting the privacy of our site visitors and customers. We will not disclose information about our customers to third parties except when it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or when we have your express permission to do so.

2.1     YOUR CONSENT

We will not sell your personal information and credit card information to any third party without your permission, but we cannot be held responsible for the actions of third party sites from which you may have linked or been directed to the XEVANA website. 

2.2     COMMUNICATION & MARKETING

If you have made a purchase from XEVANA and have requested to be on our mailing list, we may occasionally update you on our latest products, news and special offers via e-mail. You may also opt-out from receiving any marketing communications via our ‘unsubscribe’ link in any email communications, which we might send you.

2.3     COOKIES

A cookie is a small information file that is sent to your computer, mobile or other device when you visit a website and it will recognise your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you. These “cookies” can be divided into 4 types.

i. Website functionality cookies : These cookies enable you to browse the website and use our features such as shopping baskets and wish lists.

ii. Website analytics cookies : We use these cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience.

iii. Customer preference cookies : When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.

iv. Targeting cookies or advertising cookies : These cookies are used to deliver adverts relevant to you. In addition, they limit the number of times you see an advertisement as well as helping us measure the effectiveness of our advertising campaigns.

You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.

2.4     PROTECTING YOUR SECURITY

In case of fraud situations, we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.

2.5     DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:

i. In the event that XEVANA sells or buys any business or assets;

ii. If XEVANA or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or

iii. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of XEVANA, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

2.6     THIRD PARTY SITES

Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

2.7     CONTACT US

For general enquiries, please contact: contact@xevana.com.

For inquiries regarding orders, please contact: service@xevana.com.

For media and press inquiries, please contact: media@xevana.com.

For sales and distribution inquiries, please contact: sales@xevana.com.

 

3. PROHIBITIONS

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act (Cap. 50A, Rev. Ed. 2007). XEVANA will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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 this Website or to your downloading of any material posted on it, or on any website linked to it.

 

4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and all text, images, photographs, logos, illustrations, descriptions, data and other materials provided on the website are collectively referred to as “Content”. Content made available to you on or through this Website remains the property of XEVANA and are protected by copyright laws and treaties around the world. All such rights are reserved by XEVANA. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by XEVANA. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of XEVANA.

 

5. TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

 5.1     EXCHANGES

XEVANA’s fashion jewelry are quality controlled and are checked for any faults before they are dispatched to our customers. If you have received a defective item, an incorrect item or are unsatisfied with your purchase, please drop us an email at service@xevana.com with your order number and reason for exchange within 7 days from the day the parcel was received.

In the return email, you will receive a return receipt from us, as well as additional exchange details. Please print the return receipt and send it out together with the item to be exchanged.

Please note that all exchanges should be returned to us through i. registered postage, in its ii. original condition, which includes iii. tags, iv. packaging and v. return receipt. All items will be inspected on return and handled on a case-to-case basis. Exchanges which fail to meet these 5 clauses (i-v) will be duly declined.

Kindly retain your receipt/tracking number until you have received confirmation from XEVANA with regard to the receipt of your parcel. XEVANA will not be held responsible for lost mails in the process of exchanges or returns.

All shipping charges paid for orders (if applicable) are non-refundable. In cases of returns, all return shipping charges are to be borne by the buyer.

Please see our Exchange and Return Policy for more details.

5.2     REFUNDS

In the event that a refund is issued to you, it will be in the form of your original payment method, i.e. PayPal. Requests for refunds due to non-defects, such as minor dimensions and colour discrepancies as seen in (1.4), will be duly rejected. If you have received a defective item, please contact us at service@xevana.com with your order number.

All shipping charges paid for orders (if applicable) are non-refundable. In cases of returns, all return shipping charges are to be borne by the buyer.

5.3     SALES ITEM

All sales items are final; no requests for exchanges or returns will be entertained.

5.4     DIMENSIONS AND COLOR ACCURACY

All dimensions are taken to the best of our ability. There may be a 0.1”-0.3” disparity in measurements provided.

XEVANA puts in the extra effort to display the colors of our products as accurately as possible. For the most accurate representation of color, please refer to the close-up image. Do note that colors may be rendered differently on different monitor screens.

 In such cases, such dimensions and color discrepancies may not be considered as a defect.

5.4     SHIPPING

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Policy for further information.

XEVANA ships internationally. We offer free local courier service for all purchases and provides free shipping worldwide for orders above US$100. You may also wish to expedite your shipping via Fedex Express (only applicable to certain countries).

For more details, see Shipping Details.

 

XEVANA retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract

A contract between us will not be formed until we send you a confirmation by e-mail that we have received payment in full and the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Payment

Please note that all payments are done through PayPal. Goods will not be dispatched until your payment via Paypal has been approved and accepted. Your card will be debited once the order has been accepted. Please see User agreement for PayPal Service for further detail.

Promotional Discount Codes

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.

 

6. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, XEVANA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

7. LINKING TO THIS WEBSITE

You may link to our home page, 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.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

8. INDEMNITY

You agree to indemnify, defend and hold harmless XEVANA, its directors, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

9. VARIATION

XEVANA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

10. INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.

Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

11. COMMENTS AND COMPLAINTS

We welcome comments and feedback, and will try to resolve any disputes should they arise. Please email us at service@xevana.com should you have any comments or feedback.

 

12. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

13. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.

In the event of a dispute, controversy, or difference arising out of or in connection with this agreement, the parties shall attempt to resolve any such dispute, controversy, or difference through negotiations.

If the matter is not resolved by negotiation, the parties agree that all disputes, controversies, or differences arising out of or in connection with this agreement shall first be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure for the time being in force. The parties agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached.

In the event any such dispute, controversy or difference has not been resolved by negotiation and mediation, then both parties agree to irrevocably submit to the jurisdiction of the courts of the Republic of Singapore in respect of such all disputes, controversies or differences arising out of or in connection with this agreement.

 

14. ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and XEVANA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an owner of XEVANA (Evanna Pte Ltd).

 

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