These terms and conditions apply to the woocommerce-699664-2835393.cloudwaysapps.comm website located at woocommerce-699664-2835393.cloudwaysapps.comm ( Hereafter collectively ‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, woocommerce-699664-2835393.cloudwaysapps.comm, and constitute an agreement between you and woocommerce-699664-2835393.cloudwaysapps.comm.
woocommerce-699664-2835393.cloudwaysapps.comm reserves the right to change or modify any of these terms and conditions or any policy or guideline of the site at any time, and in its sole discretion.
JUDICIOUS USE OF SITE
Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
You are granted a personal, limited, non-sub licensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include:
- Any resale or commercial use of our Site or the Site Materials therein;
- The collection and use of any product listings, pictures or descriptions for commercial purposes;
- The distribution, public performance or public display of any Site Materials,
- modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof;
- use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
- downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site;
- cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site;
- use our website in any way which interferes with the normal operation of our site; or
- any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Diamonds, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
“Jewellery” means the jewellery that is predesigned or jewellery set with natural diamonds [‘Natural diamonds’ are diamonds which originate in the earth and are mined in the earth. The term ‘natural’ refers to the creation process of the rough diamond material – which has to naturally occur in the earth over billions of years without human intervention] and that are available for sale on our website. Please note that all Jewellery is sold on “as is” basis. “Mounts” are defined as designs that hold a diamond(s) in place, which may or may not have diamonds. Members can select Mounts and diamonds separately to create customized Jewellery. “Loose Diamonds” are individual diamonds that can be bought without being set on Mounts.
PRODUCT AVAILABILITY AND PRICING
If you‘re interested in a piece of jewellery that is currently on back order, we will call you and update you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.
All pricing information available on the Website even on the very first page or home page itself must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. 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.
Infrequently, data may be inaccurately displayed on the Website due to system errors. woocommerce-699664-2835393.cloudwaysapps.comm 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 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.
GOLD WEIGHT VARIANCE
woocommerce-699664-2835393.cloudwaysapps.comm takes utmost care in regard with accuracy of the weight since each and every jewellery is unique and handmade at our factory and no third party manufacturer has been included. The gold weight mentioned on the website for jewellery and mounts may vary slightly upon manufacture of the product. In case, the product manufactured is of a lesser gold weight than what was mentioned on our website then the excess amount will be adjusted accordingly. Similarly if the gold weight of the product manufactured is greater, then the excess amount will have to be paid by the customer.
INFORMATION ON OUR SITE
At woocommerce-699664-2835393.cloudwaysapps.comm, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly
Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. woocommerce-699664-2835393.cloudwaysapps.comm states that the product total weight in all purchases may vary 10%-15% from the stated weight (gold and diamond weight individually). In case of closed setting diamond jewellery, product total weight in all purchases may vary 15%-20% from the stated weight (gold and diamond weight individually).
On the Site, we may provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
Users may register on the Website to become Members prior to the completion of any transaction on the Website. Guest checkout’s will be provided with a user account on completion of purchase.
Thereafter, woocommerce-699664-2835393.cloudwaysapps.comm reserves the right to include your email id for marketing communications. You can unsubscribe from such communications anytime you wish to do so.
Registration is only a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.
Any Member who wishes to purchase an item from the Website can either:
- Add the selected diamond(s) directly to the shopping cart; or
- Customize jewellery by adding diamond(s) to a ring, pendant, earring or any other type of jewellery that is expressly stated as customizable on the Website and then add the item to the shopping cart; or
- Choose from the selection of Jewellery available on the Website and add the item to the shopping cart; or
- Contact our consultants over telephone to place an order. The Member will receive the form for ordering via email/ courier based on their convenience.
- 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 Members shall also provide any other mandatory information Permanent Account Number (PAN) at the time of purchase and or other applicable laws required by laws of the land.
- Orders, are normally considered complete only after the payment has been received by woocommerce-699664-2835393.cloudwaysapps.comm.
- To confirm the orders, woocommerce-699664-2835393.cloudwaysapps.comm may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. woocommerce-699664-2835393.cloudwaysapps.comm will confirm the order only after the verification question is answered by the Member.
ONCE THE PURCHASE OF ITEM(S) IS CONFIRMED, AASHIRYA.COM :
- In the case of Loose Diamond or customised jewellery – order for the diamond(s), set it on the Mount and deliver it to the Member; or
- In the case of Jewellery – Manufacture the Jewellery and deliver it to the Member.
- In the event the bank rejects to honour any payment transaction made by a Member towards an order, woocommerce-699664-2835393.cloudwaysapps.comm shall have the right to refuse to ship the order to the Member without any liability whatsoever.
Any refunds due by woocommerce-699664-2835393.cloudwaysapps.comm to the Member for non-availability of diamonds or for selection of alternate diamonds shall be made in the following manner:
- Credit card: The credit card account of the Member will be re-credited with the refund amount by woocommerce-699664-2835393.cloudwaysapps.comm The refund amount will be credited to the Member’s account within the time span stipulated by the bank which has issued the credit card; or
- Cheque or wire transfer: The refund amount shall be deposited into the bank account of the Member by woocommerce-699664-2835393.cloudwaysapps.comm within seven (7) working days after the receipt of request for refund by the Member; or
- Cash or demand draft: If the Member has made an over the counter purchase by paying cash or demand draft, shall pay the refund amount to the Member through cash or demand draft within seven (7) working days after the receipt of the payment by woocommerce-699664-2835393.cloudwaysapps.comm
All Loose Diamonds will be accompanied by individual certificates. The certificates will be issued by an independent third party certifying authority and the details of the certificate shall be mentioned at the time of purchase.
JEWELLERY AND MOUNTS
All the jewellery products are certified by Diamond Jewellery and the certificate will be shipped along with the ordered product. In case the Member is returning the product, he / she would be required to return the certificate along with the product, otherwise appropriate action in this regard will be taken by woocommerce-699664-2835393.cloudwaysapps.comm.
Member can obtain more certificates for authenticity of the product apart from our in-house certification, by paying necessary charges to the certification labs. The shipping charges of the extra third party certifications will have to be borne by the member.
Our trademarks and designs may not be copied or reproduced without prior permissions.
Diamonds, and their logos, and any other product or service name or slogan contained in our Site are trademarks of Diamonds and its suppliers or licensor’s, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Diamonds or the applicable trademark holder as the case maybe. You may not use any meta-tags or any other “hidden text” utilizing “Aashirya Diamonds” or any other name, trademark or product or service name of Aashirya Diamonds without our prior written permission. All other trademarks, registered trademarks, product names and Aashirya Diamonds names or logos mentioned in our Site are the property of their respective owners.
In accordance with The Indian Copyright Act (ICA) and other applicable law, woocommerce-699664-2835393.cloudwaysapps.comm has adopted a policy of terminating and barring, in appropriate circumstances and at Aashirya Diamonds’ sole discretion, site users or account holders who are deemed to be repeat infringers. woocommerce-699664-2835393.cloudwaysapps.comm may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY CONTENT
woocommerce-699664-2835393.cloudwaysapps.comm may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. woocommerce-699664-2835393.cloudwaysapps.comm does not monitor or have any control over any Third Party Content or third party Sites. woocommerce-699664-2835393.cloudwaysapps.comm does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. woocommerce-699664-2835393.cloudwaysapps.comm does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
PRODUCT REVIEWS AND USER CONTENT
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site (‘Interactive Areas’). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
Any message, data, information, text, music, sound, photos, video, graphics, code or other material (‘User Content’) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the INDIAN Securities and Exchange Commission or any rules of a securities exchange such as the Mumbai Stock Exchange or The National Stock Exchange (NSE).
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User content.
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
Unsolicited promotions, political campaigning, advertising or solicitations.
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers.
Viruses, corrupted data or other harmful, disruptive or destructive files; and user Content that, in the sole judgment of Aashirya Diamonds is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose woocommerce-699664-2835393.cloudwaysapps.comm or its users to any harm or liability of any type.
(a)you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Site;
(b)the User Content is accurate and not misleading; and
(c)use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Aashirya Diamonds, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against woocommerce-699664-2835393.cloudwaysapps.comm and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
DISCLAIMER OF WARRANTY
Except as expressly provided to the contrary in a writing by Aashirya Diamonds, this site, the content contained therein and the products and services provided on or in connection therewith (the “products and services”) are provided on an “as is” basis without warranties of any kind, either express or implied. woocommerce-699664-2835393.cloudwaysapps.comm disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site woocommerce-699664-2835393.cloudwaysapps.comm does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. woocommerce-699664-2835393.cloudwaysapps.comm does not represent or warrant that our site or its servers are free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall Aashirya Diamonds, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Aashirya Diamonds, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to woocommerce-699664-2835393.cloudwaysapps.comm records, programs or services.
APPLICABLE LAW AND VENUE
These Terms and Conditions and your use of this site will be governed by and construed in accordance with the laws of the State of Tamil Nadu, India, applicable to agreements made and to be entirely performed within the State of Tamil Nadu, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and Central courts located in the County, Tamil Nadu and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions.
MODIFICATION AND NOTICE
You agree woocommerce-699664-2835393.cloudwaysapps.comm may modify, remove these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Notwithstanding any of these Terms and Conditions, woocommerce-699664-2835393.cloudwaysapps.comm reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
QUESTIONS & CONTACT INFORMATION
In case of any queries / clarifications, please feel free to get in touch with our customer care support – 0261-2548581 or send us an email at firstname.lastname@example.org.