Terms & conditions of sale


Definitions


1. INTERPRETATION
1.1. “Company” shall mean Jewel Alliance Network Private Limited, a company registered under the Companies Act, 2013 and having its registered office at A5 J L Bajaj Marg, C-Scheme, Jaipur, Rajasthan 302001.
1.2. “Products” shall mean the products available for sale on our Platforms;
1.3. “Gemporia”; “Us”; “We”; “Our” shall mean the Company;
1.4. “Buyer”, “you” or “your”; shall mean any natural or legal person who has access to and is using the Platforms for the purpose of buying Products listed on them.
1.5. “Platforms” shall mean all websites, apps and TV channels operated by the Company. Please refer to the Platforms for a full version of our terms and conditions of sale.
2. PRODUCTS
2.1. We warrant that on delivery the Products shall:
2.1.1. conform in all material respects with their description;
2.1.2. be of satisfactory quality;
2.1.3. be fit for any purpose we say the Products are fit for;
2.1.4. be free from material defects in design, material and workmanship; and
2.1.5. comply with all applicable statutory and regulatory requirements for selling the Products in India.
2.2. This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
2.3. We will take reasonable steps to pack the Products properly and to ensure that you receive your order in good condition.
2.4. These terms apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform to these terms.
3. PRICING AND PAYMENT
3.1. Prices for Products/Services offered by us are described on the Platforms and are incorporated into the terms by reference. Unless specified otherwise, all prices are in Indian rupees (“INR”) and are inclusive of VAT/CST. Prices, Products and Services may change from time to time at our discretion.
3.2. In addition to the rates for the Products or services, you shall pay all applicable fees, duties, tolls, surcharges, or governmental taxes (other than VAT/CST) now or hereafter imposed that are attributable to the Products or services purchased by you from time to time and included in the invoice and any reasonable expense incurred by us relating to such assessments.
3.3. Unless otherwise stated, prices quoted are exclusive of the costs of shipping to the agreed place of delivery (charges for which are stated on the Platforms). You agree to pay for shipping of Products as specified on the Platforms when you submit your order.
3.4. You shall make payment according to our payment terms; and by such methods as are indicated on the Platforms. Without prejudice to the foregoing, we retain a security interest in the Products until full payment is made.
4. DELIVERY OF PRODUCTS
4.1. Depending on your pin code, we may not be able to deliver Products to you, nor allow you to pay by certain payment methods. We apologise for any inconvenience.
4.2. The time taken for delivery tends to vary according to the destination; however, we make our best efforts to ensure that the order is delivered on time.
5. CANCELLATION BY THE COMPANY
5.1. There may be certain orders that we cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or Product information or certain issues identified by our fraud avoidance department or any other issue which we identify for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order.
6. CANCELLATION BY BUYER
6.1. Once an order is placed, it can only be cancelled by you before we have packed it.
7. RETURN POLICY
7.1. We are committed to ensure your full satisfaction with respect to the Products available on our Platforms. However, if you are not happy, you can return any Product within 30 days of receiving it, provided it is unused, you have not removed any tags and you return all original certificates and packaging./div>
7.2. If you return a product in accordance with 7.1 above, you may choose to receive a replacement, a refund or a credit to your account with us.
7.3. If the Products become faulty after 30 days but within six months of receipt, we will offer our choice of a refund, replacement or repair unless we, at our sole discretion, determine that the fault has arisen through misuse of the Products.
7.4. We are not liable for returned Products which are lost in transit, so it is important that you use an insured delivery method.
7.5. Except for faulty Products, you are responsible for the cost of returning Products to us, and if we arrange for our courier to collect we will deduct these costs from any refund or charge you for them.
7.6. These terms will apply to any repair or replacement Products we supply to you.
8. REFUNDS
8.1. Where any refund is due under these terms, we will use the same payment mode that you used to make the transaction or, where this is not possible, we will use cheque.
9. DISCLAIMERS
9.1. All Products and the information displayed on the Platforms constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions listed on the Platforms. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon the dispatch of the Products ordered.
9.2. No complaint regarding damaged/defective Products would be entertained unless the complaint is lodged with us after the receipt of the Product within 7 days after delivery of the Product.
9.3. No act or omission by us prior to the actual dispatch of the Products ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm the receipt of your order and will subsequently confirm the dispatch which will be the acceptance of your offer.
10. LIMITATION OF LIABILITY
10.1. We take no responsibility for any loss or damage suffered as a result of our Platforms, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
10.2. Any product you buy from our Platforms is completely at your discretion and you accept that you place the order only after thoroughly enquiring about the product and being completely acquainted about the product, its features, characteristics, usage etc. We are not liable for any kind of damages or losses whatsoever suffered by you due to the use of the Product.
10.3. The liability of the Company shall be capped to the extent of the cost paid by you for the Product acquired via a Platform.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (“Force Majeure Event”).
11.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
11.2.1. strikes, lock-outs or other industrial action;
11.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
11.2.5. impossibility of the use of public or private telecommunications networks;
11.2.6. the acts, decrees, legislation, regulations or restrictions of any government; or
11.2.7. pandemic or epidemic.
11.3. Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.
12. GENERAL
12.1. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2. If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3. Nothing in these terms will reduce your statutory rights relating to faulty or wrongly described Products.
13. GOVERNING LAW AND JURISDICTION
13.1. These terms shall be construed in accordance with the applicable laws of India. The courts at Jaipur shall alone have exclusive jurisdiction in any proceedings arising out of these terms.