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Terms & Conditions

Welcome to the portal https://www.onlinegemjewellery.com (the “Website”). The content of this Website is the property of Ashtik Trinkets Private Limited. ( “Company”). The Company is in the business of selling Precious Jewellery, Gemstone, Spiritual Items, and other products via this Website (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

If you do not agree to this Terms of Use you may not use this Website. By using this Website, you signify your agreement to this Terms of Use as well as the Website's Privacy Policy (which is hereby incorporated by reference herein.). This Terms of Use sets out the legally binding terms of the Services available on the Website as well as at the terms of use of this Website. This Terms of Use along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website ("Users") as well as users who are registered and are authorized by the Website to transact business on the Website ("Members"). The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice, and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. Nothing in this Terms of Use should be construed to confer any rights to third-party beneficiaries.

DEFINITIONS

"Astral Gemstone" Astral Gemstones can be defined as all the certified loose gemstonesthat have been displayed on the company website. These gemstones can be bought looseor with gold/silver mounts as per the choice of the member.

"Jewellery" means the jewelry that is pre-designed or jewelry sets with diamonds that areavailable for sale on our website. Please note that all Jewellery is sold "as is" and does notallow the Members to make any changes to them.

"Mounts" are defined as designs that may or may not have diamonds that hold agemstone/gemstones in place. Members can select Mounts and diamonds separately tocreate customized Jewellery.

TERMS AND CONDITIONS OF SERVICE

DESCRIPTION OF SERVICES

This Website provides access to trading, pricing, news, and other information servicesrelated to diamonds, precious gems, and jewelry. Certain Services available on this Websiteare for the use of Members only.

Please note that some of the terms of these Terms of Use differ for purchases for personalconsumption.

This Website offers services for Members who wish to purchase customized and ready-made Jewellery.

Some items may appear slightly larger or smaller than their actual size due to screendefaults and photography techniques. Sometimes the items may be represented larger thanthe actual size in order to clearly show details or smaller than the actual size in order to showthe entire item.

REGISTRATION

All Users will be required to register on the Website and become Members prior to thecompletion of any transaction/purchase on the Website.

To register onto the Website the User will have to provide Personal Information (as defined inthe Privacy Policy) and choose a username and password

Registration is only a one time process and if the Member has previously registered, he shalllog in/sign into his / her account.

In addition to the above, you will receive the item(s) price and availability listing once everyweek.

ORDER

1. RETAIL PURCHASE

Any Member who wishes to purchase an item from the Website can either

a) Choose from the selection of products available on the Website and add it to theshopping cart, or

b) Call our call center at the number given and places the order. The Member will receive theform for ordering via email based on the Member's convenience.

2. WHOLESALE PURCHASE

Any Member who wishes to purchase items on a wholesale basis from the Website caneither:

a) Choose from the selection of products available on the Website and add it to theshopping cart, or

b) Call our call center at the number given and place the order. The Member will receive theform for ordering via email based on the Member's convenience.

c) In the case of wholesale purchase of products from the website, the Member can contactthe Company in order to get a discount on the purchase.

Only registered members can make purchases online. All orders are considered completeonly after the payment has been received by the Company.

Once the purchase of the items is confirmed by the Member, the Company shall deliver it tothe registered address.

In the event, the bank rejects to honor any payment transaction made by a Member towardsan order, the Company shall have the right to refuse to ship the order to the Member withoutany liability whatsoever.

PRODUCT AVAILABILITY The Company may not own some of the products listed on the Website. In such cases, the company only orders the products listed on the Website from third party traders andmerchants after the confirmation of the order by the Member and delivers the same to theMember. In such a scenario, there is a possibility that the item ordered by the Member mighthave been traded since the listing on the Website and might not be available at that point intime.

In the event, the diamond(s) get(s) traded in the market before making the payment/sealingthe order, the Company will call the Member and suggest an alternate diamond. In case theMember chooses a new diamond, the Company shall confirm the new order. If the cost of the the new selection is more expensive than the previous one, the Member shall have to pay thedifferential amount. If the cost of the new selection is less expensive than the previous onethe Company shall refund the excess amount to the Member in the manner specified belowin this Terms of Use.

PRICING Product prices vary from one category of product to another and seller to seller wherenumerous factors like reputation of the sellers, brand value, the design of the Jewellery, etc.have an impact on the price. The demand and supply of raw materials in the market can alsoaffect the price of the products. The prices stated on the Website may be substantially higheror lower than the actual prices in the retail markets. The weight of the jewelry and gemstonemay have a difference of +/- 10 %. Infrequently; data may be inaccurately displayed on the website is due to system errors. The Company reserves the right to correct any and all errorswhen they do occur and the Company does not honor inaccurate or erroneous prices. Theprices on the Website are also subject to change without notice. For any order, the price isthe prevailing price on the day the order is completed.

The prices of the products listed on the Website are fixed and not negotiable.

GIFTING

The recipient will have to provide a government-approved photo identification card (likepassport, driver's license, election card, etc.) to collect the physical product.

As it is a mandatory courier regulation, the price of the gift will be mentioned in the externalcover. In the event the Member wishes to have a copy of the invoice, he/she can request theCompany to ship an additional copy of the invoice to be shipped to the required address atthe time of placing the order.

Any applicable tax, including any gift tax, shall be borne by the Member.

REWARD POINT

Once you have approved the product it can't be changed.

After the delivery of the product, no liability for our company is present.

After delivery, if the product is found the defective company will not be responsible, contactthe product service provider, or vendor.

INSURANCE

Only transit insurance shall be provided by the Company and it shall be valid only until thetime of delivery.

CERTIFICATE

All the gold jewelry will individually have genuine

BIS Hallmark

The diamonds used in the jewelry and the astral gemstones will be certified by third-partylaboratories and the certificates will be delivered along with the product. The laboratoriesthat certifies the authenticity of our gemstones and diamonds are

GIL 

CONFLICT DIAMOND POLICY

The Company recognizes the great harm caused by conflict diamond mining/trading. The company will not purchase, sell, and contact subscribers, customers, or suppliers whopurchase or trade-in diamonds that were used to fund conflict or traded in any way inviolation of any United Nations resolution or the Kimberly Process.

USAGE OF PROMO CODE BY THE COMPANY

a) The Company has the right to refuse the usage of any promo code at any point in time.Promo codes that have expired cannot be used on the Website.

b) The Company can at any time ask the Member for proof of having received the promocode.

c) Promo codes can be used only on specific orders as deemed fit by the Company.

d) Promo codes, at the Company's discretion, are applicable to certain items, on specificorders, or on specific dates and occasions.

e) Promo codes cannot be clubbed with any other special offer running on the site.

f) For offline payment mode, the promo code will be accepted only within the date of theexpiry of the promo code.

g) For a payment received after the expiry of the promo code, the discount will not beapplicable to that order.

ASTRAL GEMSTONE & JEWELLERY (all)

a) Once the product has been delivered there will be no exchange or return (CustomizedJewellery)

b) Once the product has been delivered we will not do any alterations (CustomizedJewellery).

c) There might be up to a 5% difference in the weight (all) finished product

d) There might be up to a 10% difference in the design of the finished product from theoriginal.

TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT

a) You are 18 years of age or older and that your use of the Website and/or Services shallnot violate any applicable law or regulation.

b). All registration information you submit is truthful and accurate and that you agree tomaintain the accuracy of such information.

c) Your membership is solely for your personal and non-commercial use. Any use of thisWebsite or its content other than for personal purposes is prohibited.

d) Your personal and non-commercial use of this Website shall be subjected to the followingrestriction.

(i) you may not modify any content of the Website, including but not limited to, any publicdisplay, description, performance, sale, rental, pricing of the product.

(ii) you may not decompile, reverse engineer, or disassemble the content, or

(iii) remove any copyright, trademark registration, or other proprietary notices from thecontent. You further agree not to access or use this Website in any manner that may beharmful to the operation of this Website or its content.

e) You will not

(i) use any product or service available on the Website and / Services for commercialpurposes of any kind, or

(ii) advertise or sell any products, services, or otherwise (whether or not for profit), or solicitothers (including, without limitation, solicitations for contributions or donations) or use anypublic forum for commercial purposes of any kind, or

(iii) use the Website and/or Services in any way that is unlawful, or harms the Company orany other person or entity, as determined in the Company's sole discretion.

f) You will not post, submit, upload, distribute, or otherwise transmit or make available anysoftware or other computer files that contain a virus or other harmful component, or otherwiseimpair or damage the Website and/or Services or any connected network, or otherwiseinterfere with any person or entity's use or enjoyment of the Website and/orServices.

g) You will not engage in any form of antisocial, disrupting, or destructive acts, including"flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms arecommonly understood and used on the Internet.

h) You will not delete or modify any content of the Website and/or Services, including but notlimited to, legal notices, disclaimers or proprietary notices such as copyright or trademarksymbols, logos, that you do not own or have express permission to modify.

i) The Company cannot and will not assure that other users are or will be complying with theforegoing rules or any other provisions of this Terms of Use, and, as between you and the company, you hereby assume all risk of harm or injury resulting from any such lack ofcompliance.

j) All information, content, and material contained in the Website and/or Services are theCompany's copyrighted property. All trademarks, services marks, trade names, and tradedress are proprietary to the Company. No information, content, or material from the Websiteand/or Services may be copied, reproduced, republished, uploaded, posted, transmitted, ordistributed in any way without the Company's express written permission.

k) You acknowledge that when you access a link that leaves the Website, the site you willenter into is not controlled by the Company and different terms of use and privacy policy mayapply. By accessing links to other sites, you acknowledge that the Company is notresponsible for those sites. The Company reserves the right to disable links from third-partysites to the Website, although the Company is under no obligation to do so.

2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT

a) THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE AND / ORSERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THECOMPANY AND ALL ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT.

b) THE COMPANY MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTSLISTED FOR SALE ON ITS WEBSITE(S) AS ACCURATELY AS POSSIBLE. HOWEVERTHE COMPANY CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANYPRODUCT COLOR, TEXTURE, OR DETAIL WILL BE ACCURATE. THE COMPANY DOESNOT WARRANT THOSE PRODUCT DESCRIPTIONS OR OTHER CONTENT AREACCURATE, COMPLETE, RELIABLE CURRENT, OR ERROR-FREE. WHILE THECOMPANY MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS AREDESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMEDTO BE PRICED INCORRECTLY, THE COMPANY RESERVES THE RIGHT TO REFUSETHE SALE OF THAT ITEM.

c) THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED INCONTENT, INFORMATION, AND MATERIALS ON THE WEBSITE AND / OR SERVICES,INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TOTHE WEBSITE AND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, THAT THE DEFECTS WILL BE RECTIFIED, OR THAT THE WEBSITE OR THESERVERS THAT MAKE SUCH CONTENT, INFORMATION, AND MATERIALS AVAILABLEARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THEWEBSITE AND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILLBE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTSFROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM.

3. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD THE COMPANY, THE COMPANY'SDISTRIBUTORS, AGENTS, REPRESENTATIVES, AND OTHER AUTHORIZED USERS,AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THEFOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS,EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANYAND ALL LOSSES, DAMAGES, LIABILITIES, AND COSTS ARISING FROM YOUR USEOF THE WEBSITE.

4. YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING,BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU ORANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FORLOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,RESULTING FROM CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO

(i) THE USE OR THE INABILITY TO USE THE WEBSITE AND / OR SERVICES;OR

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICESRESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASEDOR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTOTHROUGH OR FROM THE WEBSITE AND / OR SERVICES OR

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS ORDATA

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / ORSERVICES OR

(v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

5. THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE RELIEVED OF ALL ITSRESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCERESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAURE ORCAUSES BEYOND THE COMPANY'S REASONABLE CONTROL INCLUDING, WITHOUTLIMITATION, ACTS OF GOD, WAR, EQUIPMENT, AND TECHNICAL FAILURES,ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES,RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURALDISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLECONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVERESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS. YOUFURTHER, ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OFTHE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICEPROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR

(A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND / OR SERVICES AND ANYOTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR

(B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONSOR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELYMANNER.

6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OFSECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

7. EACH PARAGRAPH, CLAUSE, SUB-CLAUSE, AND PROVISION OF THIS TERMS OFUSE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANYPARAGRAPH, CLAUSE, SUB-CLAUSE, OR PROVISION IS INVALID ORUNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICEOR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHERPARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ ANDCONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECTONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERETHIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THISPARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALLNEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSEOR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOTCONTRARY TO ANY PROVISION OF THE LAW.

8. THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWNINITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWSINCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERM OFUSE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGALPROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDEROR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THECOURTS AT CHENNAI.

9. IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OFUSE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY THECOMPANY FOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO THECOMPANY AS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOURBREACH OF THESE TERMS OF USE, YOU AGREE THAT THE COMPANY WILL BEIRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY ORDAMAGES. THE COMPANY, THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TOOBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OFCOMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. THE COMPANY'S RIGHTTO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHERREMEDIES.

10. ANY FAILURE OF THE COMPANY TO EXERCISE OR ENFORCE ANY RIGHT ORPROVISION OF THESE TERMS OF USE SHALL NOT OPERATE AS A WAIVER OFSUCH RIGHT OR PROVISION.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONSCONTAINED ABOVE.