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Terms & Conditions

Please read these terms of use carefully before using this 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. 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.

This Website provides access to trading, pricing, news and other information services related to Precious & Semi Precious Gemstones and jewellery. Certain Services available on this Website are for the use of Members only.

The Website will also feature the recommendations of a trained Gem & Jewellery consultant. Recommendations of the consultant are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by the Members who relied on such recommendation.

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.

Registration

All Users will be required to register on the Website and become Members prior to the completion of any transaction / purchase on the Website To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password.

Registration is only a one time process and if the Member has previously registered, he shall login / sign into his / her account. You will be required to provide us with your name and other details, including but not limited to, e-mail, contact number, contact address and customer verification question (example: your mother’s maiden name), which will be used for verification purposes.

Only registered Members can make purchases online. In the event of a User wishing to make the purchase, the User will be required to register with the website after adding the item to the shopping cart. The Members shall also provide any other mandatory information required under law (like Personal Account Number (PAN) at the time of purchase.

All orders are considered complete only after the payment has been received by shubhgems.in To confirm the orders, shubhgems.in may at random, call up the Members who have placed orders through the Website and ask the Member a verification question.

Shubhgems.in will confirm the order only after the verification question is answered by the Member.

In the event the bank rejects to honour any payment transaction made by a Member towards an order, shubhgems.in shall have the right to refuse to ship the order to the Member without any liability whatsoever.

Product Availability

Shubhgems.in may not own some of the products listed on the Website. In such cases, shubhgems.in only orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member.

In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website and might not be available at that point of time.

Pricing

Gemstone & Jewellery prices depend on various factors like Quality & Size of gemstones & diamonds, purity of metals, designing & manufacturing costs etc.

Shipping & Delivery

The Member has to specify the address and details of the person who will collect the shipment at the time of purchase. At the time of placing the order, the Member has to state full name of the recipient as stated in his / her government approved photo identification.

At the point of delivery the recipient, to collect the physical product, the recipient has to provide any approved photo identification card Delivery shall be made by the courier agent only after the photo and name of the recipient is verified and confirmed by such courier agent. To ensure safe and secure delivery of the package the courier agent will also note down the details of the government photo identification. 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 Member 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 only. All items shall be delivered directly to the person as specified at the point of ordering and the Member cannot (under no circumstances whatsoever) change the recipient details after the order is processed.

All shipping charges and other local charges shall be borne by the Member. Recipient accepting delivery should not accept deliveries where the box or packaging has been tampered with or if the box is empty.
The recipients receiving the delivery must open the package and check its contents prior to accepting the delivery or signing the delivery receipt.

If the recipient is not available at the time of delivery, the courier company shall try and deliver the item thrice before returning the same to shubhgems.in. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.

Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistency in name or address will result in non delivery of the product.

Returns & Replacements

Conditions for return

1. LOOSE GEMSTONES CANNOT BE RETURNED ONCE THE ORDER IS CONFIRMED AND PROCESSED BY SHUBHGEMS.IN

2. Any item returned showing signs of wear or engraved, altered, resized (by anyone / entity other than Shubhgems.in) or damaged in any other manner shall not be accepted for return.

3. Custom orders with engraving, special ring size etc. cannot be accepted for return, refund or exchange.

4. All shipping and handling expenses shall be chargeable to the Member.

5. All requests for return of product have to be placed within ten(10) days from the date of delivery. No return requests after ten (10) days from delivery will be processed.

Certificate of Authenticity

Shubhgems.in sell & deliver only natural gemstones.
All Gemstones & studded jewellery delivered will be accompanied by Laboratory certificates for their authenticity.

Terms & Conditions of use of the website

BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

1. You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.

2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

3. Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

4. Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

5. You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind.

6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or Services.

7.You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

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

9. Shubhgems.in cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and Shubhgems.in, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

10. All information, content and material contained in the Website and / or Services are Shubhgems.in’ copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to Shubhgems.in. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Shubhgems.in ‘s express written permission.

11. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by Shubhgems.in and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that Shubhgems.in is not responsible for those sites. Shubhgems.in reserves the right to disable links from third-party sites to the Website, although Shubhgems.in is under no obligation to do so.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE AND / OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHUBHGEMS.IN 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, IMPLIED WARRANTIES ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. SHUBHGEMS.IN MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER, SHUBHGEMS.IN CANNOT GUARANTEE THAT YOUR MONITOR’S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. SHUBHGEMS.IN DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE SHUBHGEMS.IN MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, SHUBHGEMS.IN RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.

3. SHUBHGEMS.IN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE AND / OR SERVICES, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TO THE WEBSITE AND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT THE DEFECTS WILL BE RECTIFIED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT, INFORMATION AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM.

I. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD SHUBHGEMS.IN, SHUBHGEMS.IN’S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM YOUR USE OF THE WEBSITE.

II. YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS 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 SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

III. SHUBHGEMS.IN OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURAL DISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND / OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELY MANNER.

IV. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

V. EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION IS INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICE OR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ AND CONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECT ONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERE THIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THIS PARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALL NEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOT CONTRARY TO ANY PROVISION OF THE LAW.

VI. THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERMS OF USE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDER OR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT CHENNAI.

VII. IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY SHUBHGEMS.IN FOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO SHUBHGEMS.IN AS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOUR BREACH OF THIS TERMS OF USE, YOU AGREE THAT SHUBHGEMS.IN WILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. SHUBHGEMS.IN THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. SHUBHGEMS.IN’S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES.

VIII. ANY FAILURE OF SHUBHGEMS.IN TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION.

I HAVE READ THE TERMS OF USE AND AGREE