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
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”).
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.
AND REGISTRATION OBLIGATION:
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.
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.
DATE AND PAYMENT:
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
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.
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.
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.
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.
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.
customer may return his purchase following receipt of the ordered products
under following conditions:
The product has an inherent manufacturing defect.
The customer has received a product other than the one ordered.
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.
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.
OF FRADULENT ORDER:
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.
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.
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
website shall work only as platform for the merchant’s products.
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.
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.
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.
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.
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.
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.
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.
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.
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.