Terms and Conditions

You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy before you may use www.finejewelz.com (hereinafter referred to as “Site” or “we” or “our”). The Site allows you to browse, select, and purchase Fine Jewelry (“Goods” or “Products” or “Services”).

Your use of this website www.finejewelz.com (hereinafter referred to as the “Site”) and its related sites, services, and tools) is subject to these TERMS AND CONDITIONS, which are effective upon acceptance and govern the relationship between you and Fine Jewelz, having its registered office at Solitaire 1, Office 603, Opp Infinity Malad, Mumbai 400064, India (hereinafter the “Firm”) including the sale and supply of any Products on the Site. If these TERMS AND CONDITIONS conflict with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of this TERMS AND CONDITIONS, the term ‘Acceptance’ shall mean your affirmative action in clicking on the ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that imply your acceptance.

The Firm may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. All updates and amendments shall be notified to you via posts on the website or through e-mail. The revised version will be effective at the time we post it on the Site, and in the event you continue to use our Site, you are impliedly agreeing to the revised TERMS AND CONDITIONS and Privacy Policy expressed herein.

Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third-party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

If this Terms and Conditions conflict with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company, and the Company owes no responsibility to provide you any information regarding such a change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant-specific restrictions, and on the terms and conditions stated below. You are required to create an account to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.

General

This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including routine maintenance. You understand and acknowledge that due to circumstances both within and outside the control of the Company, access to the Site may be interrupted, suspended, or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under the 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. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Site and shall not sell, purchase, or bid for any items on the Site. As a minor, if you wish to purchase or sell an item on the Site, such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Your Account

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, including cases when it is being used by any of your family members, friends, or relatives, whether a minor or an adult. 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. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree 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.

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.

Your Information (or any items listed):

“Your Information” is defined as any information you provide to us 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 Your Information, and in accordance with certain features of the Site, we may only act as a passive conduit for your online distribution and publication of Your Information.

The bold text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Agreement, and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of the Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update, or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You do not have any right to; (b) 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright, or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents the investigation of any offense or is insulting any other nation. (j) 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 Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are under no obligation to review any messages, information, or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause, and Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.

Equipment

The User 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.

Electronic Communications

When You use the Site or send emails or other data, information, or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

License and Site Access

We grant you 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. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.

Links

The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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.

Pricing Information in case of sale by us

We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy, and the prices shall be determined only at our sole discretion.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event that we accept your order, the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

Cancellation by Us

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account within 7 days.

Cancellations by the User

In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. A request for the cancellation of the order shall be valid and accepted only if they are made within 12 (twelve hours) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 12 (twelve hours) from making the order. In the case of a COD order, the user understands that an order once dispatched cannot be canceled, and the brand holds the right to demand that the customer pays for any loss that may arise due to their cancellation. The brand also promises to complete all the verification processes before dispatching the order, and the customer shall not be held accountable for the loss if they cancel the order before it is dispatched. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

Fraudulent / Declined Transactions

We may constantly monitor the user’s account 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 we reserve the right to recover the cost of goods, collection charges, and lawyer’s fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of the detection of any fraudulent or declined transaction, prior to the initiation of legal actions, We reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

Credit Card Details

You agree, understand, and confirm that the credit card details provided by you for availing of services on the Site 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 your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation, or court order. We 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.

Trademarks

All trademarks, service marks, and trade names of Fine Jewelz and www.finejewelz.com used on the Site are trademarks or registered trademarks of Fine Jewelz.

Warranty Disclaimer

This Site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fine Jewelz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fine Jewelz does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Fine Jewelz does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Fine Jewelz shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fine Jewelz has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Fine Jewelz product is mistakenly listed at an incorrect price, Fine Jewelz reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Fine Jewelz reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Fine Jewelz shall issue a credit to your credit card account in the amount of the incorrect price.

Term Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fine Jewelz without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Fine Jewelz may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to Fine Jewelz.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of India, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fine Jewelz products) shall be in the state or federal courts located in Maharashtra, India. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fine Jewelz products) must be commenced within one (1) year after the claim or cause of action arises. Fine Jewelz’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fine Jewelz may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fine Jewelz or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Fine Jewelz does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fine Jewelz is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fine Jewelz reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fine Jewelz in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Fine Jewelz, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Fine Jewelz may link to sites operated by third parties. However, even if the third party is affiliated with Fine Jewelz, Fine Jewelz has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fine Jewelz. These linked sites are only for your convenience and, therefore, you access them at your own risk. Nonetheless, Fine Jewelz seeks to protect the integrity of its website and the links placed upon it, and, therefore, requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

Governing Law

This Agreement and all rules, policies, and procedures that are incorporated by reference constitute the entire agreement between the User and Fine Jewelz with respect to the subject matter thereof and govern your use of the Site, superseding any prior agreements or understandings, arrangements (oral or written) regarding the same subject matter. The Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai, India, shall have exclusive jurisdiction in any proceedings arising out of this agreement.