(a) Welcome to www.aabhushanam.in(hereinafter referred to as "Website"), an online shopping portal for the range of diamonds, precious gems and jewellery of M/s. Aabhushanam, a sole proprietorship, represented by its sole proprietor Mr. Atul Taraiya, having its registered office at Mittal complex, opposite Shreejee temple, Lakherapura, Bhopal – 462001, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
i) The term “Buyer” shall mean any natural or legal person or entity who accepts the offer for sale on the Website by placing an order for or purchasing any product or service offered for sale on the Website.
ii) The term "You" or "User" shall mean any natural or legal person or entity including Vendor, Seller or Affiliate accessing or using the services provided on this Website.
iii) The term "We", "Us", "Our" shall mean www.aabhushanam.in.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
You represent and warrant that you are 18 years of age and competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.
This Agreement shall continue to be in full force and effect as long as you access and use the Website.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.
- ONLINE SHOPPING PLATFORM
a) The Website is an online shopping platform for the range of diamonds, precious gems and jewellery of M/s. Aabhushanam. You agree and undertake that you are accessing the products and services available on this Website and transacting at Your sole risk and are that You are using your best and prudent judgment before entering into any transaction on this Website.
b) In order to purchase online buyer should register on the website of the proprietorship and 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 as may be necessary for authentication purposes.
c) This Website offers services for Members who wish to purchase jewellery for personal use and is inclusive of both customized and readymade jewellery.
d) The ordered products will be shipped to buyer after obtaining telephonic confirmation and verification question as submitted by the buyer on the website at the time of registration.
e) The products displayed on the website may appear smaller or larger than actual size on account of the variance in usage of photography techniques and screen resolutions which absolves the website from any dispute being raised in future on these grounds.
f) The Website and M/s. Aabhushanamaccepts no liability for any errors or omissions, whether on behalf of itself or third parties.
g) The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
h) After the receipt of payment from the Buyer/ cash on delivery as the case may be, We shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer. The buyer has to provide identity proof such as ration card, driving license, PAN card, Voter ID card or Passport of the person who is authorized to collect the shipment and shipment will not be delivered to any other person other than the one authorized initially.
i) The authorized person who is entitled to receive the shipment cannot be modified later than the time when product is ordered.
j) Any and all orders placed by You on this Website are a firm commitment to purchase and you are obligated to complete the transaction and not challenge it in anyway.
k) Before placing any order on the Website, you are advised to check the product description carefully. Once you place an order for a product, you agree to be bound by the conditions of sale included in the item's description.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
- PRICES OF PRODUCTS
a) The prices of the product listed on the website can vary which may be higher or lower than the market prices on account of factors such as of diamonds, seller, design of the jewellery, availability of the product and brand value. While every care has been taken to provide accurate information and pricing on diamonds, it does not give a guarantee or appraisals or valuation in any manner. Additionally the website does not provide any recommendations on selling or buying diamonds.
b) We reserve the right to change the prices listed without any advance notice to You. All prices displayed on the website are final, non-negotiable and fixed.
c) The pricing of the products are subjective to assessment provided by professional assessors without any guarantee whatsoever and can be changed at any point of time without any intimation to You.
d) All prices on the Website are given in Indian Rupees. For international cards used on the Website, the applicable exchange rate and charges would apply. We have no authority on this and any disputes or queries on exchange rates and bank charges need to be directed to the respective bank or institution that issued Your card or payment instrument.
e) All orders are acknowledged at current pricing. We will bill at the price in effect at the time of raising an invoice and receipt of payment. The price of some products may change on a regular basis and You will be billed the prices in effect at the time of invoicing.
The membership of this website is free of cost and this includes the browsing of the site and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.
- AVAILABILITY OF PRODUCTS
We will always strive to ensure that all the products listed on the Website are available in stock to be dispatched to the Buyer. However, there might be instances where the particular product is not in stock and in such cases, we will contact you within 2 - 3 business days and give you the choice to exchange, delay or cancel the order based on your convenience.
- MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b) Visa Debit cards;
c) Net banking/Direct Debit payments from select banks in India. A list of banks is available at the time of ‘checkout’.
d) Cash On Delivery which will be restricted to Rs.20,000/- per transaction and delivery of product.
e) Cheque or Demand Draft payment mailed to address of the proprietorship available on the website.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect M/s. Aabhushanam. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the buyer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.
After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section.
At this point, you will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same. In the event the bank rejects to honour any payment transaction made by a Member towards an order, Aabhushanam shall have the right to refuse to ship the order to the Member without any liability whatsoever.
Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provider, who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- USER OBLIGATIONS
You are a restricted user of this website.
i. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
ii. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
iii. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
iv. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other buyer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
o) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
- PRODUCT SHIPMENT
i. Website provides free shipping on all products within India which is insured until delivery of the product.
ii. All products ordered from Aabhushanam will be packed and shipped in a durable and tamper-proof packing in an exclusive box printed with the proprietorship name along with all the certificates and invoices applicable.
iii. Order deliveries will be made usually during regular working hours on regular working days, that is, Monday –Saturday. Goods will need to be signed for upon delivery. We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order.
iv. Since the transactions are authorised by the cardholder, we do not take responsibility for incorrect addresses provided at the time of placing the order.
v. The delivery will NOT be redirected / redelivered to any other address under any circumstance.
vi. We shall not be held responsible for damage of products after delivery.
vii. We will contact the buyer after placement of order and confirm the date, time and address of delivery.
If the delivery fails due to following reasons, we will contact the buyer a second time to deliver goods and levy delivery charges for the second attempt. In case the buyer refuses to pay the second time delivery charges, we will refund the entire order money to the Buyer.
We will consider the order delivery “failed” in the following cases:
- Delivery not done due to wrong address.
- Recipient not available.
- Premises locked.
In case of floods/ heavy rains/ national bandh or other such occurrences, we reserve the right to reschedule the delivery for another date.
In case the product is not delivered due to any of the above reasons, we will inform you about the same.
All claims for shortages or damages must be reported to buyer service on the day of delivery through the ‘Contact Us’ page on the Website. Also the said shortage or damage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person.
Please refer to our “Shipment Policy” page.
- PRODUCT RETURNS
Please refer to our “Return Policy” page.
- ORDER CANCELLATION
All order placed on the website can be cancelled either through an email or making a call within 2 days of placing the order and no later. The cancellation of the order is sole discretion of the proprietorship and can be rejected on any grounds as appropriate.
- SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/ or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Site.
- If the User is in breach any of the terms and conditions of this Agreement;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other users or to us.
- INDEMNITY AND LIMITATIONS
You agree to defend, indemnify and hold harmless www.aabhushanam.inand M/s. Aabhushanam, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall we be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- INTELLECTUAL PROPERTY RIGHTS
Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the Website are a property of the proprietorship. Furthermore, with respect to the Website created by the proprietorship, the proprietorship shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
You may not use any of our intellectual property in any manner that is likely to cause confusion among buyers, or in any manner that disparages or discredits us in any way.
- DISLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an "as is" basis without any warranty whatsoever either express or implied. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
We welcome your suggestions and comments regarding your experience using our Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Aabhushanam to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Aabhushanam will not infringe upon or violate the rights of any third party.
21.DISPUTE RESOLUTION AND JURISDICTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation - In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
- Stage 2: Arbitration - In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in Bhopal, Madhya Pradesh. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Madhya Pradesh, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bhopal, Madhya Pradesh, India, and you hereby submit to the personal jurisdiction of such courts.
- MISCELLANEOUS PROVISIONS
(a) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
(b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
(c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.