Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
If you do not agree to this Terms of Use you may not use this Website. By using this Website, you signify your agreement to this Terms of Use as well as the Website's Privacy Policy (which is hereby incorporated by reference herein.). This Terms of Use sets out the legally binding terms of the Services available on the Website as well as the terms of use of this Website. This Terms of Use along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website ("Users") as well as users who are registered and are authorized by the Website to transact business on the Website ("Members"). The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice, and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. Nothing in this Terms of Use should be construed to confer any rights to third-party beneficiaries. DEFINITIONS "Gemstone" Astral Gemstones can be defined as all the certified loose gemstones that have been displayed on the company website. These gemstones can be bought loose or with gold mounts as per the choice of the member. "Jewellery" means jewelry that is per-designed or jewelry sets with Artificial Diamonds that are available for sale on our website. Please note that all Jewellery is sold "as is" and does not allow the Members to make any changes to them. "Mounts" are defined as designs that may or may not have diamonds that hold a gemstone/gemstone in place. Members can select Mounts and Artificial Diamonds separately to create customized Jewellery. TERMS AND CONDITIONS OF SERVICE DESCRIPTION OF SERVICES This Website provides access to trading, pricing, news, and other information services related to diamonds, precious gems, and jewelry. Certain Services available on this Website are for the use of Members only. Please note that some of the terms of these Terms of Use differ for purchases for personal consumption. This Website offers services for Members who wish to purchase customized and ready-made Jewellery. Some items may appear slightly larger or smaller than their actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. REGISTRATION All Users will be required to register on the Website and become Members prior to the completion of any transaction/purchase on the Website. To register on the Website the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a username and password Registration is only a one-time process and if the Member has previously registered, he shall log in/sign into his / her account. In addition to the above, you will receive the item(s) price and availability listing once every week. ORDER 1. RETAIL PURCHASE Any Member who wishes to purchase an item from the Website can either a) Choose from the selection of products available on the Website and add it to the shopping cart, or b) Call our call center at the number given and places the order. The Member will receive the form for ordering via email based on the Member's convenience. 2. WHOLESALE PURCHASE Any Member who wishes to purchase items on a wholesale basis from the Website can either: a) Choose from the selection of products available on the Website and add it to the shopping cart, or b) Call our call center at the number given and place the order. The Member will receive the form for ordering via email based on the Member's convenience. c) In the case of wholesale purchase of products from the website, the Member can contact the Company in order to get a discount on the purchase. Only registered members can make purchases online. All orders are considered complete only after the payment has been received by the Company. Once the purchase of the items is confirmed by the Member, the Company shall deliver it to the registered address. In the event the bank rejects to honor any payment transaction made by a Member towards an order, the Company shall have the right to refuse to ship the order to the Member without any liability whatsoever. PRODUCT AVAILABILITY The Company may not own some of the products listed on the Website. In such cases, the Company only orders the products listed on the Website from third-party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website and might not be available at that point in time. In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, the Company will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, the Company shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one the Company shall refund the excess amount to the Member in the manner specified below in this Terms of Use. PRICING Product prices vary from one category of product to another and seller to seller where numerous factors like the reputation of the sellers, brand value, the design of the Jewellery, etc. have an impact on the price. The demand and supply of raw materials in the market can also affect the price of the products. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets. The weight of the jewelry and gemstone may have a difference of +/- 10 %. Infrequently; data may be inaccurately displayed on the Website due to system errors. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order, the price is the prevailing price on the day the order is completed. The prices of the products listed on the Website are fixed and not negotiable. GIFTING The recipient will have to provide a government-approved photo identification card (like passport, driver's license, election card, etc.) to collect the physical product. As it is a mandatory courier regulation, the price of the gift will be mentioned on the external cover. In the event the Member wishes to have a copy of the invoice, he/she can request the Company to ship an additional copy of the invoice to be shipped to the required address at the time of placing the order. Any applicable tax, including any gift tax, shall be borne by the Member. REWARD POINT Once you have approved the product it can't be changed. After the delivery of the product, no liability for our company is present. After delivery, if the product is found defective company will not be responsible, contact the product service provider, or vendor. INSURANCE Only transit insurance shall be provided by the Company and it shall be valid only until the time of delivery. CERTIFICATE All the gold jewelry will individually have genuine BIS Hallmark & Gemstone The Gold jewelry and the astral gemstones will be certified by third-party laboratories and the certificates will be delivered along with the product. The laboratories that certify the authenticity of our gemstones and diamonds are USAGE OF PROMO CODE BY THE COMPANY a) The Company has the right to refuse the usage of any promo code at any point in time. Promo codes that have expired cannot be used on the Website. b) The Company can at any time ask the Member for proof of having received the promo code. c) Promo codes can be used only on specific orders as deemed fit by the Company. d) Promo codes, at the Company's discretion, are applicable to certain items, on specific orders, or on specific dates and occasions. e) Promo codes cannot be clubbed with any other special offer running on the site. f) For offline payment mode, the promo code will be accepted only within the date of the expiry of the promo code. g) For a payment received after the expiry of the promo code, the discount will not be applicable to that order.JEWELLERY (all)
a) Once the product has been delivered there will be no exchange or return (Customized Jewellery) b) Once the product has been delivered we will not do any alterations (Customized Jewellery). c) There might be up to a 5% difference in the weight (all) finished product d) There might be up to a 10% difference in the design of the finished product from the original.Buyback & Exchange
In the event the Member has purchased the wrong ring size, the Company will resize the ring free of cost. Members should make a re-sizing request within Seven (7 days) from the date of delivery.
All courier and shipping costs will be borne by the Member while sending back the product for resizing to the company. And while sending it back to the customer the courier and shipping costs will be borne by the company.
ITEM | 7 DAYS EXCHANGE | LIFETIME EXCHANGE | BUYBACK |
---|---|---|---|
Gold | 100% of Invoice value* | 100% of Invoice value* (Date of Approve*) | 100% of Invoice value* (Date of Approve*) |
Gemstone | 80% of Invoice value* | 60% of Invoice value | 50% of Invoice value |
Cubic Zirconia | 100% of Invoice value* | Non Refundable | Non Refundable |
Making Charge | 100% of Invoice value* | Non Refundable | Non Refundable |
CONDITIONS FOR RETURN
a) All items must have the original security tag, label, and certificate and must be returned in the same conditions as delivered by the Company.
b) Any item returned showing signs of wear or engraved, altered, resized (by anyone/entity other than the Company), or damaged in any other manner shall not be accepted for return.
c) Custom (customized jewelry) orders with engraving, special ring size, etc. cannot be accepted for return, refund or exchange.
d) All requests for the return of the product have to be placed within seven (7 days) from the date of delivery and can be returned within 7 days only.
e) The customer can cancel the order within 1 hour after placing the order if he/she wishes to after that no Cancellation request will be accepted.
f) Any Gemstone NOT Return and Not Refund.
NOTE: YOU CANCEL THE ORDER WITHIN 48 HOURS TIME OF THE PURSED OR NO RETURN REQUEST AFTER SEVEN (7) DAYS FROM THE DATE OF DELIVERY.
Refund
Any refund due by 49jewels.com will be made in the following manner
Razorpay (Credit Card, Debit Card, Net Banking): Your credit card account will be re-credited with the refund amount. You will get the amount in your account within fifteen (15) business days after you have informed us that you want your purchase to be canceled and the money to be refunded.
CC Avenue (Credit Card, Debit Card, Net Banking, Paytm (Wallet), Wallet & UPI): Your credit card account will be re-credited with the refund amount. You will get the amount in your account within fifteen (15) business days after you have informed us that you want your purchase to be canceled and the money to be refunded.
Cash On Delivery: COD payment Refund up to 20 Days. (Must be Provided Bank Details)
THE AMOUNT WILL NOT BE REFUNDED IN THE CASE OF CUSTOMIZED JEWELRY. ANY ADVANCE AMOUNT PAID BY THE MEMBER AT THE TIME OF PLACING THE ORDER FOR THE CUSTOMIZED JEWELRY SHALL NOT BE REFUNDED BY THE COMPANY TO THE CUSTOMER IN THE EVENT OF CANCELLATION OF THE ORDER FOR ANY REASON WHATSOEVER.
TERMS AND CONDITIONS OF USE OF THE WEBSITE 1. BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT a) You are 18 years of age or older and your use of the Website and/or Services shall not violate any applicable law or regulation. b). All registration information you submit is truthful and accurate and you agree to maintain the accuracy of such information. c) Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited. d) Your personal and non-commercial use of this Website shall be subjected to the following restriction. (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, or pricing of the product. (ii) you may not decompile, reverse engineer, or disassemble the content, or (iii) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content. e) You will not (i) use any product or service available on the Website and/or Services for commercial purposes of any kind, or (ii) advertise or sell any products, services, or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website and/or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion. f) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or Services. g) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet. h) You will not delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify. i) The Company cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance. j) All information, content, and material contained in the Website and/or Services are the Company's copyrighted property. All trademarks, service marks, trade names, and trade dress are proprietary to the Company. No information, content, or material from the Website and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the Company's express written permission. k) You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so. 2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT a) THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE AND / OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ALL ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) THE COMPANY MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEBSITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER, THE COMPANY CAN NOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY PRODUCT COLOR, TEXTURE, OR DETAIL WILL BE ACCURATE. THE COMPANY DOES NOT WARRANT THOSE PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT, OR ERROR-FREE. WHILE THE COMPANY MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, THE COMPANY RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM. c) THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CONTENT, INFORMATION, AND MATERIALS ON THE WEBSITE AND / OR SERVICES, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TO THE WEBSITE AND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, THAT THE DEFECTS, WILL BE RECTIFIED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT, INFORMATION AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM. 3. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD THE COMPANY, THE COMPANY'S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, AND COSTS ARISING FROM YOUR USE OF THE WEBSITE. 4. YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND / OR SERVICES; OR (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / OR SERVICES OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES. 5. THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACT OF FORCE MAURE OR CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT, AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURAL DISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND / OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELY MANNER. 6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. 7. EACH PARAGRAPH, CLAUSE, SUB-CLAUSE, AND PROVISION OF THESE TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE, OR PROVISION IS INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICE OR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ AND CONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECT ONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERE THIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THIS PARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALL NEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOT CONTRARY TO ANY PROVISION OF THE LAW. 8. THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERM OF USE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDER OR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT CHENNAI. 9. IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY THE COMPANY FOR ALL THE COSTS, LOSSES, AND DAMAGES CAUSED TO THE COMPANY AS A RESULT OF SUCH A BREACH. FURTHER, IN THE EVENT OF YOUR BREACH OF THESE TERMS OF USE, YOU AGREE THAT THE COMPANY WILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. THE COMPANY, THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. THE COMPANY'S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES. 10. ANY FAILURE OF THE COMPANY TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION. I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.