Terms and Conditions

Definitions

“Agreement” shall mean the terms and conditions as detailed herein including those incorporated by reference and including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced/substituted from time to time.

“Customer” shall mean you – the individual person who accesses this Website or wishes to place or who places an order for purchase of the Product(s) on the Seller at this Website.

“Seller” shall mean the company Transforming Retail Private Limited having its registered office at 2593/5, Gurudwara Road, Beadonpura, Karol Bagh, New Delhi – 110005 which is the seller of the Product(s) offered for sale on this Website.

“Consignment” shall mean each shipment of Products made by Seller in response to an order placed by the Customer in accordance with the terms of this Agreement.

“Product” shall mean silver coins, gold coins, gold articles and items of gold, diamond or gemstone jewellery which have been offered for sale by the Seller on this Website [this Website and Product(s) listed therein may be amended by the Seller from time to time at its sole discretion] and that as part of the designs offered on this Website the items of gold jewellery may or may not be encrusted with/embedded with/have strings of as applicable – diamonds, precious stones, semi-precious stones, pearls, beads, Kundan, meena/meenakari or coated/electroplated with precious metals or alloys or artistically made to give an antique look or coloured artistically etc. as per the description of each of item given in the Website.

“this Website” shall mean the website www.Diamuse.in owned by the Seller which website is also identifiable by its URL www.Diamuse.in which is an online shopping platform owned and operated by the Seller for sale of the Products.

Useof the website

You shall not access this website in any legal jurisdiction that does not recognise or give effect to all provisions and terms & conditions of this Agreement. You agree, acknowledge and recognise that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the High Court of Delhi at New Delhi and its subordinate courts to the exclusion of all other courts.

The Customer agrees and acknowledges that this Website can be used only by individuals who are 18 years and above and can enter into legally binding contracts. Individuals who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents etc. are not eligible to use this Website and purchase the Product(s). In the event the Customer is a minor and wishes to purchase the Product(s) such purchase must made by Customer’s legal guardian or parents. The Seller reserves the right to terminate Customer’s access to and refuse to provide Customer with access to this Website if the Seller discovers that Customer is under the age of 18 years.

Transaction security

When you (the Customer) visits/accesses the Website or send emails to us (the Seller), you are communicating with Seller electronically. From your computer (Customer’s computer) till the point of the server where this Website is hosted, it is the sole responsibility of the Customer accessing this Website for ensuring secure communication and for maintaining the confidentiality of his information details (including Credit card number and all other confidential information disclosed by him) and for restricting access to his computer, and the Customer agrees to accept responsibility for all activities that occur using his computer.

The Seller shall not be liable for any hacking, interruption of communication etc which occurs in this link. The Customer specifically agrees that the Seller shall not be responsible for unauthorized access to or alteration of Customer’s transmissions or data, any material or data sent or received or not sent or received. Further, the Seller will make best efforts to safeguard the confidentiality of Customer’s personally identifiable information available with it, but transmissions made by means of the Internet cannot be guaranteed or made absolutely secure. By using this Website, the Customer agrees that the Seller shall not be liable for disclosure of Customer’s information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing the Customer agrees that the Seller shall not be held liable or responsible for ‘phishing attacks’ on the Customer.

Disclaimer of liability

The Seller will not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses , which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Product(s) offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Seller has been advised of the possibility of damages.

The Seller has mentioned delivery timeline of the product on the website that is indicative and is based on the best-effort basis of the Seller and several other third party players. While the Seller shall strive hard to deliver the product within the mentioned timeline, the Seller does not take responsibility for any delay in the same and shall not be liable for any compensation (monetary or otherwise) to the Customer in any case.

The Seller has endeavoured to provide the most accurate, up-to-date information on this Website.

However, the information, materials, products, and services available on this Website may inadvertently include inaccuracies, typographical errors, or outdated information. The Seller is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. The Seller reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Seller believes the customer has violated applicable law or this Agreement, orders that the Seller believes are harmful to the Seller or orders that the Seller believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information.

Seller’s entire liability (including any liability for the act and omission of its employees, agents or sub contractors) to the Customer in respect of any breach of its obligations arising hereunder, or of any representation, statement, tortious act, or omission, including negligence or deficiency of service or goods arising under this Agreement, or breach of any or all warranties given in this Agreement or in respect of all claims, proceedings, damage, injuries, losses, damages, liabilities, penalties, costs, charges, expenses (including without limitation court fees, litigation expenses and attorney’s fees) or any consequences or damages whenever arising shall be limited in total (no matter how many claims are made, or whatever the basis of such claims) to the replacement of the Product(s), or at Seller’s discretion, repayment of the price of the Product(s) purchased by Customer and out of which particular Product(s) the Sellers liability arose.

General

You can avail different offers running on the website from time to time. However, please note that no two offers can be clubbed together in any case.

Weights mentioned in the product description are approximate weights and may vary during the manufacturing process. In cases of weight variation, the final selling price would be adjusted accordingly and informed to the customer.

Terms of Use

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 explicit assent to this Terms of Use as well as the Website’s Privacy Policy (which is hereby incorporated by reference herein).

These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. These 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 / Guests”) as well as users who are registered with 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 these Terms of Use so that you will be apprised of changes, if any. Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries.

Registration

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.

To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy), including but not limited name, e-mail, contact number, contact address and customer verification question (example: your mother’s maiden name), which will be used for verification purposes.

Registration is only a one-time process and if the Member has previously registered, he/she shall login / sign into his / her account.

RBI Mandate for PAN Card and COD

PAN CARD proof is mandatory for orders above Rs. 200,000. Order will be cancelled if the customer fails to produce the same.

Cash on Delivery is not allowed on orders above Rs. 49,999.