LAST REVISION: 10-September-2020
PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this Website’s/Firm’s, www.srishtidiamonds.com (the "Website"), Srishti Diamonds ("Business Name"), offer of precious metal jewelry and accessories (“Products” or “Goods”) for purchase on this Website, or your purchase of precious metal jewelry and accessories available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Srishti Diamonds reserves the right to change or revise the Terms and Conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Srishti Diamonds will alert you about the changes or revisions by revising the date on top of this Agreement. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Srishti Diamonds encourages you to review this Agreement whenever you visit the Website to make sure that you understand the Terms and Conditions governing the use of the Website. This Agreement does not alter in any way the Terms or Conditions of any other written Agreement you may have with Srishti Diamonds for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale of certain Products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Customer Solicitation: Unless you notify our direct sales representatives, while they are calling you, of your desire to opt out from further direct firm communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from its designated in-house team(s).
Opt-Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt-out link found in any email solicitation that you may receive. 2. You may also choose to opt out via sending your email address to firstname.lastname@example.org. Product Definition. "Jewelry" means the jewelry that is predesigned or jewelry set with diamonds and/or gemstones that are available for sale on our website. Please note that all Jewelry is sold on an “AS IS” AND “AS AVAILABLE’ basis”.
Product Description. Srishti Diamonds makes all reasonable efforts to display the products listed for sale on its Website as accurately as possible. 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. The firm shall not be liable for any legal action on this account.
In the event of a user wishing to make a purchase, the user may be required to register on the Website after adding the item(s) to the shopping cart. The users shall also provide any other mandatory information required under law like Permanent Account Number (for purchases above 2 lakhs) at the time of purchase.
Orders are normally considered complete only after the full payment has been received by Srishti Diamonds. To confirm the orders, Srishti Diamonds may call up the users who have placed orders through the Website at any given time.
Once the purchase of item(s) is confirmed, Srishti Diamonds shall: (1) in the case of jewelry – order for the manufacture of the jewelry and deliver it to the member and (2) in the event the bank rejects to honor any payment transaction made by a user towards an order – have the right to refuse to ship the order to the customer without any liability whatsoever. Product Availability. Srishti Diamonds may not own any of the diamonds and other products listed on the Website are made to order in-house or manufactured by third-party traders and merchants. In the event the product(s) get(s) traded in the market before making the payment/sealing the order, Srishti Diamonds will call the user and suggest an alternative product. In case the user chooses a new diamond, Srishti Diamonds shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the user shall have to pay the differential amount.
Product Pricing. Diamond/Gemstone prices vary from one category of diamonds/gemstones to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the jewelry etc. have an impact on the price of the diamond/gemstone. The demand and supply of diamonds/gemstones in the market can also affect the price of the diamonds/gemstones. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets. All pricing information available on the Website must be used as a general guideline for diamond/gemstone prices. While this Website is designed to provide most accurate diamond/gemstone pricing information, the information about the diamonds/gemstones does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds/gemstones. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the service.
Rarely, data may be inaccurately displayed on the Website due to system errors. Srishti Diamonds reserves the right to correct any and all errors when they do occur and the firm 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 confirmed. The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at +91 9962846266.
Equipment. The Website user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Srishti Diamonds shall not be liable for any damages to the Website user's equipment resulting from the use of this Website.
Product Weight Variance. The product weight mentioned on the website for jewelry may vary upon manufacture of the product. In case, the customer receives a product of lesser product weight than the value paid for, the firm will refund such differential amount to the customer. Similarly, in case the product is of a higher weight than the value paid for, an additional cost will be applicable for the same to the buyer. The difference in weight will be disclosed only after the final product is ready.
Payment Transaction. In the event the bank rejects to honor any payment transaction made by a user towards an order, Srishti Diamonds shall have the right to refuse to ship the order to the user without any liability whatsoever.
In the event the payment gateway selected by the user has flagged the transaction as fraudulent due to any reason, Srishti Diamonds shall have the right to refuse to ship the order to the user without any liability whatsoever. In such a case, the user may receive a call from our Customer Service Team for relevant documents required to confirm the transaction, and if the fraudulent flag is not removed by the payment gateway, Srishti Diamonds may not be able to fulfill the order. The paid amount will be refunded via the same payment mode. We, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction, on account of the cardholder having exceeded their pre-set limit.
Refund. Any refund due to non-availability of diamonds, gemstones or design elements after accepting the order shall be made in the following manner: (1) Credit card: The credit card account of the user will be re-credited with the refund amount by Srishti Diamonds. The refund amount will be credited to the user's account within the time span stipulated by the bank which has issued the credit card or (2) Cheque/Wire transfer: The refund amount shall be deposited into the bank account of the member by Srishti Diamonds within 20-30 business days after the receipt of request for refund by the member.
Insurance. Only transit insurance shall be provided by Srishti Diamonds and it shall be valid only upto the time of acceptance of delivery.
Certificate. The entire Jewelry will be certified either by an independent third-party certifying authority and the details of the certificate will be mentioned at the time of purchase. Promo Code. Srishti Diamonds has the right to refuse the usage of any promo code at any point of time. Promo codes which have expired cannot be used on the Website. Srishti Diamonds can at any time ask the user for the proof of having received the promo code. Promo codes can be used only on specific orders as deemed fit by Srishti Diamonds.
Applicability of Promo Codes on certain items, on specific orders, or on specific dates or occasions is at the discretion of Srishti Diamonds. Promo codes cannot be clubbed with any other special offer on the site, unless expressly otherwise stated.
Shipping & Delivery. At the time of placing the order, the user shall state the full name of the recipient as stated in his/her (recipient’s) government approved photo identification card. At the point of delivery, the recipient shall collect the product by furnishing any one of the following government approved photo identification card: (1) Aadhar Card or (2) Driver's License or (3) Permanent Account Number (PAN) card or (4) Voter's Identification card (or) (5) Passport. Delivery shall be made by the firm/courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package, the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his/her government approved photo identification card. As per the current guidelines mandated by the Government of India, a customer has to provide the Permanent Account Number (PAN) for all purchases above (Rupee sign) 200000.
In case the user wants any other person to receive the delivery on his behalf, he/she needs to specify details of the same at the point of ordering. All items shall be delivered directly to such person and the user cannot change the recipient details after the order is processed under any circumstances whatsoever.
The user has the option to change the shipping address, before the product is shipped. In the event the Member wishes to change the shipping address, he/she has to log-in to his/her user account on the Website and click on the "Change Shipping Address" button next to the shipping address and change the address. This "Change Shipping Address" icon will be active only till the order status changes to "Shipped". Once the order status changes Shipped, the Change Shipping Address link becomes inactive.
All shipping charges and other local charges for orders above (Rupee sign) 50000 shall be borne by the firm. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. The recipient receiving the delivery also has the option to open the package and check its contents prior to accepting the delivery or signing the delivery receipt. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed.
The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the firm. The firm is not liable to the Customer/Recipient for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.
If the recipient is not available at the time of delivery, the firm/courier agent shall try and deliver the item twice/thrice before returning the same to Srishti Diamonds. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member. Guarantee for delivery made by the Firm is subject to terms and conditions of the courier company. Any inconsistency/errors in name or address will result in delay/non delivery of the product.
Srishti Diamonds is not liable for any delay in delivery once the consignment is handed over to the courier company.
Gifting. As it is a mandatory requirement as per local laws, the price of the gift (notional amount) will be mentioned on the external cover of the package. In the event the user wishes to have a copy of the invloice, he/she can request Srishti Diamonds to ship an additional copy of the invoice to the required address at the time of placing the order. Any applicable tax, including any gift tax, if any, shall be borne by the user.
Proprietary Rights. Srishti Diamonds has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Srishti Diamonds. Srishti Diamonds also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, audio and video clips and other information. Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. To the extent that Srishti Diamonds does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Srishti Diamonds does not endorse the contents on any such third-party websites. Srishti Diamonds is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites.
Use of Website. Srishti Diamonds is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
Usage Eligibility. Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable international law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable International law for this purpose including minors, undischarged insolvents etc. are not eligible to use the Website. If you are under 18 years old, you may use Srishti Diamonds only with the involvement of a parent or legal guardian.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Srishti Diamonds or the applicable third-party (if a third-party content is at issue).
Account and Registration. If you access or use Srishti Diamonds Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account/password. You agree to provide true and accurate information about yourself as prompted by Website registration form or provided by you as a visitor or user of a third-party site through which you access the Website. You agree to notify Srishti Diamonds immediately of any unauthorized use of your account or any other breach of security. Srishti Diamonds reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Srishti Diamonds a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Srishti Diamonds does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Srishti Diamonds is not liable for any damage or harm resulting from any posts by or interactions between users. Srishti Diamonds reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Srishti Diamonds deems objectionable.
Your use of this Website and/or products are at your sole risk. The Website and products are offered on an "as is" and "as available" basis. Srishti Diamonds expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. Without limiting the generality of the foregoing, Srishti Diamonds makes no warranty: That the information provided on this Website is accurate, reliable, complete, or timely. That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the Website. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Srishti Diamonds’ entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the Website.
Srishti Diamonds will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the Website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless Srishti Diamonds, and any of its employees, officers, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Srishti Diamonds. When Srishti Diamonds is threatened with suit or sued by a third party, Srishti Diamonds may seek written assurances from you concerning your promise to indemnify Srishti Diamonds; your failure to provide such assurances may be considered by Srishti Diamonds to be a material breach of this Agreement. Srishti Diamonds will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Srishti Diamond’s choice at its expense. Srishti Diamonds will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Srishti Diamonds against any claim, but you must receive Srishti Diamonds’ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all Terms and Conditions on this Website.
Force Majeure. Srishti Diamonds will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, lockdown or boycott.
Cessation of Operation. Srishti Diamonds may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Srishti Diamonds and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Srishti Diamonds to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Thrissur, Kerala. This Agreement will be governed by the laws of the State of Kerala without regard to its conflict of law principles to the contrary. Neither you nor Srishti Diamonds will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Kerala. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Srishti Diamonds reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the Terms and Conditions of this Agreement. Following termination, you will not be permitted to use the Website and Srishti Diamonds may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Srishti Diamonds reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Srishti Diamonds chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Srishti Diamonds makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Srishti Diamonds may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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