TERMS AND CONDITIONS
“AURIC/ Seller/ Company” shall mean the company Auric Jewels Private Limited having its registered office at Shop No R4-39, M3M Urbana, Sector 67, Gurugram, which is the seller of the Product(s) offered for sale on this Website.
“Customer/ Buyer/ You/ User” shall mean you – the individual person who accesses this Website or wishes to place or who places an order for purchase of the Product(s) on the Seller at this Website.
Customer and the Seller shall collectively mean “Parties”
“Consignment” shall mean each shipment of Products made by Seller in response to an order placed by the Customer in accordance with the terms of this Agreement
“Product(s)” shall mean the items (silver coins, gold coins, gold articles and items of gold, silver, diamond or gemstone jewellery) which have been offered for sale by the Seller on this Website [this Website and Product(s) listed therein may be amended by the Seller from time to time at its sole discretion] as per the description of each of item given in the Website.
“This Website/ Seller’s Website/ Site” shall mean the website http://www.auricjewels.com which is an online shopping platform owned and operated by the Seller for sale of the Products.
c) None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between the Customer and the Company and the Customer shall have no authority to bind the Company in any manner whatsoever.
e) If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
f) If this AGREEMENT conflicts with any other document, the AGREEMENT will prevail for the purposes of usage of the Site.
g) In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement) without the Customer’s prior express consent.
3. MEMBERSHIP ELIGIBILITY
a) The customer is required to create an account (register) in order to purchase any product from the Website. This is required so we can provide you with easy access to print your orders and view your past purchases.
b) Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.
c) If the Customer is a minor i.e. under the age of 18 years, the registration on the website as a member is not allowed. As a minor wishes to purchase an item on the Website such purchase or sale may be made by their legal guardian or parents who have registered as users of the Website. The Company reserve the right to terminate the membership and refuse to provide access to the Website if it is brought to Company’s notice or if it is discovered that the customer is under the age of 18 years.
4. CUSTOMER ACCOUNT
a) The Customer agrees to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. If the Customer provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Seller has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Seller has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
b) If the Customer uses the Website, s/he is responsible for maintaining the confidentiality of his/her account and password. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Auric strongly recommends that the Customer exits from his account at the end of each session. The Customer agrees to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
c) Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
5. CUSTOMER INFORMATION
a) “Customer Information” is defined as any information you provide to Seller or other users of the Site in the registration process, in the feedback area, bulletin board, chat service etc. or through any e-mail feature. You are solely responsible for Customer Information, and in accordance with certain features of the Site we may only act as a passive conduit for your online distribution and publication Customer Information.
i. belongs to another person and to which the Customer does not have any right to;
ii. infringes any patent, trademark, copyright or other proprietary rights
iii. impersonate another person;
iv. harm minors in any way;
v. violates any law for the time being in force;
vi. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
vii. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
x. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
The Customer shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
7. ELECTRONIC COMMUNICATIONS
When the Customer uses the Website or send emails or other data, information or communication to Seller, the Customer agrees and understands that the Customer is communicating with Seller through electronic records and The Customer consent to receive communications via electronic records from the Seller periodically and as and when required. The Seller will communicate with the Customer by email or by an electronic record on the Website which will be deemed adequate service of notice / electronic record.
8. LICENSE AND SITE ACCESS
Seller grants to the Customer a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. The Customer shall not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by the Customer shall terminate the permission or license granted to the Customer by the Seller.
9. EXTERNAL LINKS
This Website or third parties may provide links to other World Wide Web sites or resources. Because Seller has no control over such Sites and resources, the Customer acknowledges and agrees that Seller is not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The Customer further acknowledges and agrees that the Seller shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. DESCRIPTION OF PRODUCT AND SERVICES
a) The Website provides access to Customer for purchase of silver coins, gold coins, gold articles, Silver Articles and items of gold, platinum, silver, diamond or gemstone jewellery which have been offered for sale by the Seller [this Website and Product(s) listed therein may be amended by the Seller from time to time at its sole discretion] as per the description of each of item given in the Website.
b) The Seller has endeavored to provide the most accurate, up-to-date information on this Website. However, the information, materials, products, and services available on this Website may inadvertently include inaccuracies, typographical errors, or outdated information. The Seller is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. The Seller reserves the right to refuse or cancel orders at any time, including but not limited to the following:
i. orders that contain incorrect prices or product descriptions,
ii. orders in which Seller believes the customer has violated applicable law or this Agreement,
iii. orders that the Seller believes are harmful to the Seller or
iv. orders that the Seller believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information.
11. DELIVERY AND TRANSFER OF RESPONSIBILITY
a) The Company does not deliver on COD Basis. All the Products are dispatched after receipt of payment equivalent to full invoice value and any deposit for custom duties or other statutory duties applicable in the customer’s jurisdiction.
b) The Company has mentioned delivery timeline of the product on the website that is indicative and is based on the best-effort basis of the Seller and several other third party players. While the Seller shall strive hard to deliver the product within the mentioned timeline, the Seller does not take responsibility for any delay in the same and shall not be liable for any compensation (monetary or otherwise) to the Customer in any case.
c) The Company reserves the right to make delivery of the goods by instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. The customer may not treat the contract (as a whole) as repudiated if the company fails to deliver any one or more of the instalments or if the Customer has a claim in respect of any one or more of the instalments. If the customer fails to take delivery of the goods, we may at our discretion charge the Customer for the additional shipping cost.
d) The Company insures each purchase during the time it is in transit until it is delivered to the delivery address specified by the customer. The Company requires a signature and a copy of government ID card for any Product(s) delivered, at which point responsibility for the Product(s) purchased passes to the Customer. In the event the Customer has specified a third party recipient for delivery purposes (for example as a gift) then the Customer accepts that evidence of a signature by such third party recipient (or at that delivery address) is evidence of delivery and fulfillment of Company’s obligation, and transfer of responsibility in the same way.
12. FRAUDULENT/ DECLINED TRANSACTIONS
a) The Customer agrees, understands and confirms that the credit card details provided by the Customer for availing of services on the Site will be correct and accurate and the Customer shall not use the credit card which is not lawfully owned by him. The Customer further agrees and undertakes to provide the correct and valid credit card details to the Seller. Further the said information will not be utilized and shared by the Seller with any of the third parties unless required for fraud verifications or by law, regulation or court order. The Seller will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the Customer and the onus to ‘prove otherwise’ shall be exclusively on the Customer.
b) The Seller may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and the Seller reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. The Seller reserves the right to initiate legal proceedings against such persons for fraudulent use of the Webite and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the Seller reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, the Seller shall owe no liability for any refunds.
c) The Seller shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by the Seller with the Seller’s acquiring bank from time to time.
13. DISCLAIMER OF WARRANTY
a) All content, products, and services on the Website, are provided to the Customer on “as is” basis without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
b) The Seller does not endorse and is not responsible for
i. the accuracy or reliability of any opinion, advice or statement made through the site by any party other than the Seller,
ii. any content provided on linked sites or
iii. the capabilities or reliability of any product or service obtained from a linked site.
c) Other than as required under applicable consumer protection law, under no circumstance will the Seller be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
14. LIMITATION OF LIABILITY
a) The Customer expressly understands and agrees that the company and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to the Customer for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the site from time to time.
b) The Seller’s Maximum liability (including any liability for the act and omission of its employees, agents or sub contractors) to the Customer in respect of any breach of its obligations arising hereunder, or of any representation, statement, tortious act, or omission, including negligence or deficiency of service or goods arising under this Agreement, or breach of any or all warranties given in this Agreement or in respect of all claims, proceedings, damage, injuries, losses, damages, liabilities, penalties, costs, charges, expenses (including without limitation court fees, litigation expenses and attorney’s fees) or any consequences or damages whenever arising shall be limited in total (no matter how many claims are made, or whatever the basis of such claims) to the replacement of the Product(s), or at our discretion, repayment of the price of the Product(s) purchased by the Customer and out of which particular Product(s) the our liability arose.
The Customer shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, 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 your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
a) The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
b) The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
Except as explicitly stated otherwise, any notices to the Company shall be served by postal mail to the registered office of the Company, and to the Customer by e-mail to the email address provided by the Customer during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Seller may give Notice to the Customer by certified mail, postage prepaid and return receipt requested, to the address provided to the Seller during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18. DISPUTE RESOLUTION
The language of all communication shall be English
20. GOVERNING LAW
22. CANCELLATION POLICY
Please refer to the Company’s Cancellation Policy which is integral part of this Agreement
23. MONEYBACK POLICY
Please refer to the Company’s Moneyback Policy which is integral part of this Agreement
24. EXCHANGE POLICY
Please refer to the Company’s Exchange Policy which is integral part of this Agreement