Welcome to the portal https://www.49jewels.com/ (the “Website”). The content of this Website is the property of 49jewels. (the “Company”). The Company is in the business of selling diamonds and gemstone jewelry, precious jewelry and other products via this Website (“Services”).
"Astral 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/silver mounts as per the choice of the member.
"Jewellery" means the jewelry that is pre designed or jewelry sets with 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 on them.
"Mounts" are defined as designs that may or may not have diamonds that hold a gemstone/gemstones in place. Members can select Mounts and 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.
This Website offers services for Members who wish to purchase customized and ready-made Jewellery.
Some items may appear slightly larger or smaller than 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.
All Users will be required to register on the Website and become Members prior to the completion of any transaction/purchase on the Website.
Registration is only a one time process and if the Member has previously registered, he shall login/sign into his / her account.
In addition to the above, you will receive the item(s) price and availability listing once every week.
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 the 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 case of wholesale purchase of products from the website, the Member can contact the Company in order to get some 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.
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.
Product prices vary from one category of product to another and seller to seller where numerous factors like 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.
The Company offers multiple payment options to Members on the Website
a) ONLINE PAYMENT
: we provide secure payment option to our members through online payment gateway PayUbiz (Credit Card, Debit Card and Net Banking).
2. Bank Transfer
: We also accept RTGS / NEFT through your Bank in Axis Bank.
3. COD: Cash on Delivery available up to Rs 10000/- Only.b) OFFLINE PAYMENT
: We accept any bank's Cheque or Demand Draft. Member Cheque or Demand draft has to be deposited at any branch of United Bank of India.
THE COMPANY WILL DISPATCH THE PRODUCT AFTER RECEIVING THE PAYMENT. AN EMAIL HAS TO BE SENT THE COMPANY WITH ORDER REFERENCE ID or CHAQUE OR DEMAND DRAFT NO AFTER DEPOSIT IN UNITED BANK OF INDIA. YOUR ORDER WILL NOT PROCESS UNTIL WE RECEIVED PAYMENT OR EMAIL.
SELECT CURRENCY IN $ DOLLAR.
Any refunds due by the Company to the Member for non-availability of products or for selection of alternate products shall be made in the following manners:
(Credit Card, Debit Card, Net Banking): The credit card account of the Member will be re-credited with the refund amount by the Company. The refund amount will be credited to the Member's account within fifteen (15) business days after the member informs the company that he/she wants their purchase to be canceled and the money to be refunded.
b) Bank Transfer
(RTGS / NEFT): The refund amount shall be deposited into the bank account of the Member by the Company within fifteen (15) business days after the member informs the company that he/she wants their purchase to be canceled and their money to be refunded.
c) Cheque or Demand Draft
: If the Member has made a purchase via cheque or demand draft, the Company shall pay the refund amount to the Member through a cheque within fifteen (15) business days after the member informs the company that he/she wants their purchase to be canceled and their money to be refunded.
: The refund amount shall be deposited into the PayPal account of the Member by the Company within fifteen (15) business days after the member informs the company that he/she wants their purchase to be canceled and their money to be refunded.
e) COD: COD payment Refund up to 20 Days. (Must be Bank Details Provide)
AMOUNT WILL NOT BE REFUNDED IN 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 MEMBER IN THE EVENT OF CANCELLATION OF THE ORDER FOR ANY REASON WHATSOEVER.
The recipient will have to provide a government-approved photo identification card (like passport, drivers license, election card etc.) to collect the physical product.
As it is a mandatory courier regulation, the price of the gift will be mentioned in 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.
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 the defected company will not be responsible, contact product service provider or vendor.
Only transit insurance shall be provided by the Company and it shall be valid only until the time of delivery.
All the gold jewelry will individually have genuine
The diamonds used in the 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
(Solitaire Gemological Laboratories)
(International Gemological Institute)
(European Gemological Laboratory).
CONFLICT DIAMOND POLICY
The Company recognizes the great harm caused by conflict diamond mining/trading. The Company will not purchase, sell, and contact subscribers, customers or suppliers who purchase or trade-in diamonds which were used to fund conflict or traded in any way in violation of any United Nations resolution or the Kimberly Process.
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 the 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.
ASTRAL GEMSTONE & 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 5% difference in the weight (all) finished product
d) There might be up to 10% difference in the design of the finished product from the original.
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 that 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 that 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, 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 / 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.
j) All information, content, and material contained in the Website and/or Services are the Company's copyrighted property. All trademarks, services 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.
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 CANNOT 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 RE SELLERS, 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 AN 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 RE SELLERS, 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.
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.