PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR ORDERING
PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS AS SET OUT BELOW.
These User Terms and Conditions (the
“AGREEMENT“/”TERMS AND CONDITIONS”) governs your (“YOU”,”YOUR”,”USER”) use of
this website, www.ecoluxejewels.com (the “WEBSITE“), including Ecoshine Jewels
Private Limited’s (“COMPANY”/”WE”) offer of products for purchase on this
Website, or your purchase of products available on this Website. This Agreement
includes, and incorporates by this reference, the policies and guidelines
referenced below. The Company 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. The Company is a work in progress, and as
such things may change, be added or be taken away. The Company reserves the
right to update the Website and these Terms of Service from time to time, at
its discretion and without any notice. It is solely your responsibility to keep
up-to-date with the latest Terms and Conditions by checking back regularly.
Your continued use of the Website following the publishing of updated Terms of
Service or Terms and Conditions will be taken as your acceptance to the
changes. The Company 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 is independent of any other written
agreement you may have with the Company for other products or services. If you
do not consent to this Agreement (including any referenced policies or
guidelines), you are requested to immediately terminate your use of the
Website.
The terms ‘we’,
‘us’ and ‘our’ refers to the Company, its affiliates and assignees and the term
‘you’ refers to any person procuring products/services from any supplier
through the site. Persons means any natural person, firm, company, joint
venture, association, partnership, limited liability partnership, society or
other entity (whether or not having separate legal personality) in the relevant
country. Words denoting singular in this T&Cs means plural and vice versa.
Words denoting one gender means any applicable gender.
ACCESS TO THE WEBSITE
We work hard to
ensure the Website is always up and available, but we can’t guarantee that the
Website will not have downtime for any reason. We reserve the right to close
the Website for short periods of time for general maintenance but will attempt
to keep this to a minimum. We will not be held liable for the dysfunctionality
of any part of the website (for any reason), for any length of time.
Parts of the
Website require you to input a password to access certain features. This is to
be able to give you details relevant to your order whilst still keeping them
private to you. To do this, as part of our security procedures, we require you
to register an account with Company by entering your email and choosing a
secure password. We highly recommend that you choose a strong password that is
hard for others to guess, and you log out from your account at the end of every
session. There is a password reset procedure in case you forget your password.
You must treat your account log-in information as confidential, not disclosing
it to any third party and only using Company in person. If you think there may
have been any breach of security then it is your responsibility to notify us
immediately and if log-in is possible, to change your password.
It is a
condition of your use of the Website that all the information you provide on
the Website is correct, current and complete. We reserve the right to disable
any user account in our sole discretion, at any time for any or no reason,
including if, in our opinion, you have failed to comply with any provision of
these Terms of Service.
We do not
guarantee that the Website or any content provided on the Website is
error-free.
PRODUCT INFORMATION
The Company
takes great care when putting product information, descriptions and images
online but will not be held responsible for any mistakes or omissions to any
information given. The Company states that the images available on the website
are only indicative. This Website offers lab-grown diamond jewelry for personal
consumption, inclusive of, customized and readymade jewelry. The Website also
offers to sell loose lab-grown diamonds for investment.
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 Company shall not be liable for any legal
action on this account.
PRICES
The taxes and
delivery costs are clearly shown and invoiced at the end of the order in
addition to the price of the products. We reserve the right to modify our
prices at any moment but this will be indicated to you on the order at the time
the order is placed. If an obviously incorrect price appears on our website and
is not corrected on your total at the time of order completion, for whatever
reason (human error, technical error etc.), your order will be cancelled and
the payment refunded to you, even if it has been initially validated.
ORDERS
Any User wishing
to make a purchase, may be required to register on the website after adding the
item(s) to the shopping cart. The User may be asked to provide any other
mandatory information required under law like Permanent Account Number (PAN)
and/or GST number at the time of purchase.
Orders are
normally considered complete only after the payment has been received by the
Company, unless otherwise stated.
To confirm the
orders, the Company may at random, call up the User who has placed orders
through the Website and ask the User a verification question. The Company will
confirm the order only after the verification question is answered by the User.
The Company uses
one or more third-party payment gateways for the purpose of billing and payment
collection. The User can opt to pay online via our secured third-party payment
gateway provider. The User hereby agrees and accepts to the terms and
conditions of as well as the privacy policy of the payment gateway provider.
The User agrees,
understands and confirms that the credit card details provided by them for
availing of services on the Website will be correct and accurate and you shall
not use the credit card which is not lawfully owned by you, i.e., in a credit
card transaction, you must use you own credit card. You further agree and
undertake to provide the correct and valid credit card details to the Company.
Further, the said information will not be utilized and shared by the Company
with any of the third parties unless required for fraud verifications or by
law, regulation or court order. The Company will not be liable for any credit
card fraud. The liability for use of a card fraudulently will be on you and the
onus to ‘prove otherwise’ shall be exclusively on you.
The Company
reserves the right to recover the cost of goods, collection charges and
lawyers’ fees from persons using the Website fraudulently. The Company reserves
the right to initiate legal proceedings against such persons for fraudulent use
of the Website and any other unlawful acts or acts or omissions in breach of
these terms and conditions.
AVAILABILITY
We will always
endeavour to fulfil your order once completed and paid for. If a product should
become unavailable after your order has been confirmed and paid for, we will
refund the price you paid for the product within 30 days following the date of
payment. If your order includes products that are temporarily unavailable, we
will send the available products out first and will follow with the outstanding
items once they are available again. We will refund the shipping fees for the
rest of the order. If relevant, we will offer you a replacement for an
unavailable product, a product of equal price and quality. If you choose to
decline this offer, and the original product is permanently unavailable, we
will reimburse the price of the unavailable product.
DELIVERY
Company does
everything in its power to respect the delivery schedule indicated on the
website. We cannot, however, be held responsible for the consequences of a late
delivery or the loss of a package caused by a third-party contracted to make
delivery, or by you, or because of some unforeseen event or an Act of God. In
the event where you do not receive your package, an investigation will be
conducted with the carrier and may take several days upon receipt of your
claim. During this period of investigation, no reimbursement or re-delivery
will take place.
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. At
the point of delivery, the recipient shall collect the product, by furnishing
any one of the following Government approved photo identification card:
Aadhar Card
Driver’s
License;
Permanent
Account Number (PAN) card;
Voters
Identification card; or
Passport.
Delivery shall
be made by the Company/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.
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 under any circumstances whatsoever, the
User cannot change the recipient details after the order is processed.
The User has the
option to change the shipping address, before the product is actually shipped.
In the event the User 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 “To Shipped” the “Change
Shipping Address”, link becomes inactive.
All shipping
charges and other local charges shall be borne by the Company. 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 Company. The Company 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 Company / courier agent shall try
and deliver the item thrice before returning the same to the Company. All costs
for re-shipment and handling in the case of non-delivery to the User shall be
chargeable to the User.
CERTIFICATE
DIAMONDS
All Loose
Diamonds (both investment and retail) and diamonds that are set in jewellery
will be accompanied by individual certificates. The certificate will be issued
by an independent third-party certifying authority and the details of the
certificate will be mentioned at the time of purchase.
JEWELRY / MOUNTS
The diamonds in
the jewelry/mounts will not be individually certified unless expressly
mentioned at the point of placing the order. The entire jewelry will be
certified either by an independent third-party certifying authority or by
ecoluxejewels.com depending on the value of the Jewelry.
BUY-BACK AND EXCHANGE
The Company
offers a LIFE-TIME EXCHANGE & BUY BACK POLICY for the products sold only in
India subject to review by our Quality Assurance Department of the Company for
the product free from any sort of damage/ wear/alteration/re-size etc. The
decision by the Quality Assurance Department of the Company shall be Final and
binding for any sort of Life-Time Exchange/Buy Back Scheme.
For any sort of
Life-Time Exchange or Buy Back we shall require the following:
Original Product.
Original/Copy of Invoice.
Product Certificate (If any).
Valid Government. Id Proof of the person
making the Buyback/Exchange Request.
Warranty Card.
In case of
Shipment of product to us under the Life-Time Exchange or Buy Back Scheme the
Product should be packed and sealed in a secured manner to avoid any damage in
Transit either bubble wrapped or in a small box or a padded envelope.
In case of
Re-Shipping the Products under Life-Time Exchange or Buy-back Scheme the
products need to be shipped with our Shipping Partners only.
Shipping
partners stated below:
The terms and
conditions for the Lifetime Exchange scheme are as follows:
The Company
offers a 100% exchange policy to the end Customers. Under this scheme, the
Good(s) can be exchanged by every Customer for another Good(s) with a value
equivalent to 100% of the Selling Price of the Sold Good(s).
On accepting the
goods for exchange, the Company shall provide the exchanged goods of the same
value as the good being exchanged. No money will be refunded.
The Good(s)
being exchanged should be accompanied with the original certificate; original
invoice provided by the Retailer or the Company along with the Warranty Card.
The Company does not cover any consequential loss or damage of jewellery or
precious stone in studded jewellery.
Life-Time
Exchange shall not be applicable to order pertaining to products sold outside
India.
The exchange
shall be subject to the quality check that shall be carried out for the Goods
being exchanged by the Company.
Additional
Logistic fee of Rs1500/- shall be deducted while determining the exchange
Value.
New order shall
be Shipped in Exchange within 21 days after receiving the Original Product.
The terms and conditions for the Lifetime
Buy-Back scheme are as follows:
The Company
shall provide a buyback scheme to every Customer. Under this scheme the Good(s)
can be returned by the Customers to the Retailer or the Company for a refund
payment totalling the following:
100% of the prevailing
market price of gold or any other metal used PLUS
80% of the
prevailing market price of the specific quality of the lab grown diamonds
studded in the jewellery
In case of any
discounts given during the original purchase, an equivalent amount shall be
deducted from market value of the lab grown diamonds
No labour and
certification charges shall be deducted while determining the Buy-Back value.
The refund
amount shall exclude all applied taxes at the time of purchase
The buyback
scheme and re-imbursement of payment shall be subject to the quality check
carried out of the Goods by the Company.
The Good(s)
should be accompanied with the original certificate, the original invoice
provided by the Retailer and the Company’s Warranty Card.
Buy Back shall
not be applicable to order pertaining to products sold outside India.
Additional
Logistic fee of Rs1500/- shall be deducted while determining the Buy Back
Value.
All payments for
the buyback value paid by the Company will be made through RTGS or NEFT only.
Payments shall be made only to the person/entity mentioned in the invoice
issued by the Retailer and carrying a valid Government Issue photo ID and valid
Certificate of the good.
Refund and
Payments under the Buyback scheme shall be done within 21 Business days after
receiving the Product at our registered office.
To request for return of the product under the
Life-Time Exchange or Buyback Policy you should do the following:
Email our
Customer Care requesting for Life-Time Exchange or Buyback on ecoshinejewellery.com
Call our
Customer Care at +91-8779264332 to confirm once the package is ready with all
the above requisites in order to arrange for re-shipment of the same.
15-DAYS RETURNS POLICY
Product once
returned under the 15-Days Return Policy (Date of Shipping Invoice) will be
refunded 100 % of the value in your payment source (Credit Card/Debit Card/Net
banking)
In order to be
eligible for the return, the product should be accompanied by:
Original
packaging in sellable condition with no scratches, wear and damage or
alteration.
Certificate (If
Any)
Invoice Copy of
the Product
Warranty Card
The Money-Back
amount will be 100% of the actual amount paid. In case, any coupon, discount or
promo codes were used during the original purchase, the exchange amount will be
reduced by an amount equivalent to the coupon, discount or promo codes, as
applicable.
In case of a
refund on 15 Day Money-Back, payment of the refund amount shall be done via
online bank transfer to the customer’s bank account within 21 business days of
receipt of the product. If the mode of payment was through online debit/ credit
card/ net banking, the refund will be processed by reversal of the transaction.
In case of
15-day Money Back policy, a Shipping Charge of Rs 750/- shall be borne by the
customer for all the jewellery under this policy.
15 Days Policy
is applicable only on available jewellery and NOT on Customised Jewellery.
To request for
return of the product under the 15-day Money back Policy, one must do the
following:
Email to our
Customer Care within 15-days from the date of Product Invoice on
ecoshinejewellery.com
Call to our
Customer Care to confirm once the package is ready with all the requisites to
arrange for re-shipment of the same.
We reserve the
right to modify this privacy policy at any time, so please review it
frequently. Any required changes and clarifications will be updated with
immediate effect on our website. If we make material changes to this policy,
customers are requested to freqently browse through our policy to be aware of
what information we collect, how we use it, and under what circumstances, if
any, we use and/or disclose it.
PRIVACY AND
PROTECTION OF PERSONAL DATA
The Company
takes your privacy seriously and does not compromise on taking stringent
measures in protecting your information including user, payment and order data.
We do not share your information with any third-party systems.
The details you
give us are essential for the processing and delivery of your orders, for
billing and for the establishment of warranty contracts, therefore failure to
provide these details will result in the cancellation of your order. By
registering on the S/cv ite, you agree to provide us with sincere and true
information as it concerns you. Communicating false information is contrary to
the present General Terms and Conditions.
You have the
permanent right to access and rectify all the information that concerns you.
You can at any time make a request to Company to find out what personal
information we hold concerning you. You may at any time, and by request, modify
this information.
Cookies record
certain information stored on your hard drive. This information enables us to
generate statistics based on data from visitors to our site and suggest products
that might interest you according to the items that you selected when you
previously visited the site. Cookies do not contain any confidential
information about you.
You hereby agree
and provide your consent to the Company to alert you with marketing, promotional,
discount offers and/or any other offers/information as made available by the
Company to its consumers from time to time.
INTELLECTUAL
PROPERTY OWNERSHIP
All the content
on Company website (illustrations, texts, names, brand names, images and videos)
is the property of Company. Any partial or total reproduction of this content,
by any means and on any support, is subject to prior and express authorisation
by Company. All information, content and files are protected by law concerning
intellectual property ownership and copyright. Company cannot give you the
right to copy, display or distribute content that you do not have the
intellectual rights to. All fraudulent use of this content that violates the
rights held by a third party constitutes an offence of forgery, which is
severely punished under the intellectual property laws governing India.
Company will
not, under any circumstances, be held responsible if a user violates rights
held by a third party through his activities on the site.
WAIVER AND
SEVERABILITY
Any failure of
Company to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. The Terms of Service
constitutes the entire agreement between you and Company, and governs your use
of the service, superseding any prior agreements (including, but not limited
to, any prior versions of the Terms of Service). If any provision of these
Terms of Service is held by a court of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the Terms
of Service will continue in full force and effect.
DISCLAIMER
You acknowledge
and undertake that you are accessing the services on the website and
transacting at your own risk and are using your best and prudent judgment
before entering into any transactions through the website. You further
acknowledge and undertake that you will use the website to order products only
for your personal use and not for business purposes.
We further
expressly disclaim any warranties or representations (express or implied) other
than those expressly provided, in respect of quality, suitability, accuracy,
reliability, completeness, timeliness, performance, safety, merchantability,
fitness for a particular purpose, or legality of the products listed or
displayed or transacted or the content (including product or pricing
information and/or specifications) on the website. While we have taken
precautions to avoid inaccuracies in content, this website, all content,
information (including the price of products), software, products, services and
related graphics are provided as is, without warranty of any kind.
INDEMNITY AND
RELEASE
You shall
indemnify and hold harmless the Company, its subsidiaries, affiliates and their
respective officers, directors, agents and employees, from any claim or demand,
or actions including reasonable attorney’s fees, made by any third party or
penalty imposed due to or arising out of your breach of these Conditions of Use
or any document incorporated by reference, or your violation of any law, rules,
regulations or the rights of a third party.
You hereby
expressly release the Company and/or its affiliates and/or any of its officers
and representatives from any cost, damage, liability or other consequence of
any of the actions/inactions of any third-party contractors and specifically
waiver any claims or demands that you may have in this behalf under any statute,
contract or otherwise.
DISCLAIMER OF
WARRANTIES
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. THE COMPANY 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. (“PRODUCTS”
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, THE COMPANY
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.
LIMITATION OF
LIABILITY
THE COMPANY’S
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.
THE COMPANY 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.
LOSSES
We will not be
responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when you commenced using the website.
UNFORSEEN EVENTS
In the event,
any situation/event occurs not covered under these terms and conditions you can
write to us at ecoshinejewellery.com or call us on our customer care number at
+91-9819303673 with your queries and/or grievances and we shall try our best to
resolve such queries and/or grievances at the earliest. Kindly note each query
and/or grievance may be handled differently on a case-to-case basis.
GOVERNING LAW
AND JURISDICTION
These conditions
are governed by and construed in accordance with the laws of India. You agree,
as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
FEEDBACK AND
COMMENTS
Any opinions
left on the Website by Company customers are screened and moderated by Company.
If the comments infringe on the law or are inappropriate (abusive publicity,
defamation, insults, out of context commentary…), Company reserves the right to
refuse or modify it.
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.