Anjali Jewellers

TERMS AND CONDITIONS:

 

This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

 

These standard terms and conditions (“Terms and Conditions”) shall govern the contractual relationship between “Anjali Jewellers Private Limited” (hereinafter referred to as ‘the Merchant’) and the Customer(s) using/availing the website services (hereinafter also referred to as “you” or “customer”).

INTRODUCTION:

The domain name ‘www.anjalijewellers.in‘ is owned by ‘Anjali Jewellers Private Limited’ incorporated under the Companies act 1956 having its registered office at -28A, Gariahat Road, Kolkata – 700029, Wst Bengal, India. By subscribing to or using any of services of the website you agree that you have read, understood, accepted and are bound by the Terms, regardless of how you subscribe to or use the services. This website is for online “offer and acceptance” of the jewellery items posted and advertised on the website. Online offer on the website are subject to change.

ACCOUNT AND REGISTRATION OBLIGATION:

By using the website one shall be responsible for maintaining the confidentiality of its customer name and password and will be responsible for all activities under such customer name and password.

 

CONDUCT AND RULES:

This Agreement shall come into effect upon each visit or usage of the Website or upon registration or upon providing any information on the Website by the customer as well as by the merchant. Any person who is eligible to make contract under the Indian Contract Act 1872 can be a member of the website. Any legal entity can also be a member of the website. The website can refuse to transact with any customer if it comes to its knowledge that the customer is under the age of 18 years or otherwise incapacitated to contract. The customer agrees and undertakes to use the Website and its services only to browse the jewellery items and designs put up by the merchant on display and to make online purchases of the same against payment of declared prices. The customer as well as the merchant shall not violate any terms and conditions of this agreement. The merchant shall have sole discretion to accept any offer from the customer to purchase a product. The merchant shall not under any situation or circumstances be liable for any delay in delivery of the purchased item. Delivery will be subject to availability in stock. The merchant accepts no obligation or responsibility for any third party carrier’s failure or delay or default or negligence in delivering the purchased items or for any loss in transit after due despatch.

 

DUE DATE AND PAYMENT:

The payment of the purchase price shall be due in advance upon ordering of the goods. Customer offers the possibility of payment by direct valid debit/ credit/cash card/valid bank account. All payments made against the purchases/services on the Website by the customer shall be compulsorily in Indian Rupees acceptable in India. Payments will be subject to realization of amount from the concerned bank as per customer’s instructions.

ACCEPTANCE OF ORDERS AND SALE

The order placed by a customer is accepted by the merchant only after realization of the entire consideration amount displayed for such product on the website. Till the time the entire consideration is received to the account of the merchant it has no obligation to sell or deliver the desired product. All orders regardless of remittance of payment are subject to availability of the desired jewellery item in stock. The merchant may at its option cause the jewellery item to be hand-crafted after receipt of the entire consideration amount and acceptance of the order or may refuse to accept an order at any stage. In the event an order is cancelled by the merchant after the customer has remitted the consideration amount the merchant shall refund such amount to the customer without interest.

All transactions on the website and use of the services of the merchant shall be subject to true, fair and accurate disclosure of information by the customer as may be called for.

DELIVERY OF GOODS:

The goods of the merchant are deemed to be delivered once they have been despatched through a third party courier with the customer’s address given in his order for being made over to him or a person living in his household or to a neighbour, with instruction to obtain their receipt has been acknowledged in writing or electronically. The merchant will issue an invoice regarding every transaction along with the item to be delivered to the customer. The customer shall inspect the goods promptly and inform the merchant in text form (e.g. by email) of any erroneous, defective or missing articles. The amount of the shipping costs depends on the type, quantity and of the place of delivery of the goods, and is communicated together with the product prices to the website. No complaint or request will be entertained after 48 (forty eight) hours from physical handing over of the jewellery items to the customer.

 

INSURANCE

All items ordered through the website will be despatched under third party transit insurance. The merchant will have sole prerogative to select the insurer / insurance company and to decide on the terms of insurance. The cost of the insurance for a particular delivery and carriage shall be paid by the customer. The merchant will have the right to claim and recover reimbursement for the cost of carriage and insurance for each consignment. The rates of carriage and insurance may vary from item to item and depending on the particular destination for any order. The merchant will not be liable for any damage, loss or deterioration during transit and the customer shall only have a right to direct its claim to the insurer. The merchant on request may provide all information and documents to assist the customer to make and substantiate its claim against the insurer.

WARRANTY:

The goods shall be considered to have a defect in quality if they have an inherent material or manufacturing defect. Minor deviations from the image shown on the Internet, for example, shall not be considered a defect. The customer’s warranty claims shall be limited to subsequent performance. Only if such subsequent performance fails, if the merchant expressly rejects such subsequent performance in text form or is unable to render such subsequent performance the customer shall be entitled to his other statutory rights.

 

RETURN POLICY:

Any customer may return his purchase following receipt of the ordered products under following conditions:

1. The product has an inherent manufacturing defect.

2. The customer has received a product other than the one ordered.

The merchant will replace the returned defective product subject to availability of stocks. For products not available in stock, the merchant will credit the account of the customer for the value of Invoice. The amount so credited to the account will be adjusted against future purchase(s) made by the customer. The merchant will have sole discretion and authority to decide any dispute or difference of opinion on any matter relating to complaints of manufacturing defect and/or return policy.

 

LIMITED LIABILITY:.

The merchant shall be liable for its acts or for the acts of the persons employed in the fulfilment of its obligations only to the limited extent of foreseeable direct damage typical in this type of contract without guarantying the accuracy of any listing, posting or representation. In no event shall the website or its affiliates and service providers be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the merchant, its services or this agreement.

 

CANCELLATION OF FRADULENT ORDER:

In the event of detecting any suspicious activity, the website reserves the right to cancel all past, pending and future orders without any liability. The website also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability.

 

TERMINATION:

The website may suspend, terminate, block its usage or any service if it believes, in its sole and absolute discretion that there is any breach of the terms and conditions. A member who has been suspended or blocked may not register or attempt to register with the Website in any manner whatsoever until such time that such customer or merchant is reinstated by the website.

 

INDEMNITY:

The customer shall indemnify the merchant and keep the merchant so indemnified, and shall defend and hold harmless the merchant and its members, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of any breach of the Customer Agreement or any rules and policies contained herein, or violation of any law, rules or regulations or the rights of a third party.

DISCLAIMERS AND IMMUNITIES

(i)           The website shall work only as platform for the merchant’s products.

(ii)          The website is meant to be an online transaction counter from where the customers may interact with the merchant and place orders for listed items and browse the products and designs of the merchant.

(iii)        The photographs and impressions displayed on the website are for reference only. The items are based on hand-crafted design and actual products delivered may differ to an extent.

(iv)         The weight of gold, silver, diamond or any precious metal to be used for making jewellery item ordered by the customer may vary marginally in the final form of the product. The difference, if any at all, will be due to hand-crafting of the jewellery item. The customer understands and acknowledges that the weight of gold, silver, diamond or precious metal displayed against any particular item is a fair and reasonable approximation and cannot be the exact such weight in the finished products.

(v)          In case of gem stones the prices are given on the average weight of stone and not on the individual stone. Prices will be fixed on a range of average weight of the gemstone and not on exact weight.

(vi)         No exchange or return or re-sale is allowed on any silver, costume jewellery or precious stone other than diamond. 

(vii)       The customers are advised to contract the Customer Helpline of the merchant for any query or clarification. The merchant shall not be responsible for any misunderstanding or misconception on behalf of the customer.

(viii)     The merchant or the website shall not be responsible for any unauthorised use of credit or debit cards for making any transaction and shall have no liability either to the true holder of any credit or debit card or to the concerned bank for any unauthorised / fraudulent use of payment instruments.

REVISION TO THE TERMS

The merchant reserves the right to refund, amend or modify the terms and conditions published for at any time and in any manner it feels appropriate. The revision or change in the terms shall become effective immediately on posting on this website.

 

APPLICABLE LAW:

This Customer Agreement and all the rules and policies contained herein and any of the usage of Website and dealings with Platform shall be governed and construed in accordance with the laws of India.

TERRITORY:

Unless otherwise specified, the material of the merchants are presented solely for the purpose of sale in India. The website makes no representation that materials of the Website are appropriate or available for use in other locations/Countries other than India.

JURISDICTION

Only the courts of Calcutta shall have exclusive jurisdiction to entertain, try and determine any legal action if sought to be instituted by the customer subject to the arbitration agreement contained herein. The merchant may institute any legal action against the customer either before the competent courts of Calcutta or at the place of business/domicile of the customer as per its own prerogative and convenience.

 

ARBITRATION:

If any dispute arises between the customer and merchant during the use of the website or in making of online transaction or dealing with any matter related to this website or in relation to any activity of the merchant in connection with the validity, interpretation, implementation or alleged breach of any provision of the agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be a third party to be nominated by the merchant. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be ‘KOLKATA’. The customer’s obligations to pay for his dues arising from any transaction through this website, even if dispute arises, shall not be suspended during the arbitration proceedings but such payment shall be subject to the outcome thereof.

 

ID PROOF:

Any transaction amounting Rs. 50,000 or more, every customer need to provide their Adhaar card or any other Govt ID proof like Voter Card, PAN Card, Passport or Driving License as per the Government of India rules and regulations. Anjali Jewellers will further communicate with you for getting the suitable ID Proof Document.