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"P. C. Chandra Jewellers" Website User Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This User Agreement is effective upon acceptance for those users who accept it through registration at P. C. Chandra Jewellers website on and from …. July, 2015

This User Agreement posted on our site sets out the terms on which the company offers you access to and use of our sites, services, applications and tools (collectively "Services") at the website: pcchandrajewellersonline.com You can find an overview of our policies here. You agree to comply with all the above when accessing or using our Services.

 

1. Introduction

The entity you are contracting with is P. C. Chandra Gems Private Limited (herein referred to as "the company"), registered under the Companies Act, 1956, and presently governed by the Companies Act, 2013, having Registrar of Companies CIN: U55201WB2001PTC092795, having its registered office at P-154A, Nazrul Islam Avenue, Kolkata- 700054, West Bengal, India. The transactions in this website are restricted to Indian citizens residing in India. By subscribing to or using any of services of the website you agree that you have read, understood, accepted and are bound by the terms and conditions contained herein, regardless of how you subscribe to or use the services. This website is for online "offer and acceptance" of the jewellery items posted and advertised on the website. Online offers on the website are subject to change from time to time.  

 

2. Membership eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Page 2 of 8 Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. Any person who is a minor, that is to say, under the age of 18 (eighteen) years, shall not register as a member of the Website and shall not purchase from this Website. A minor desiring to purchase an item on the Website can make such purchase or sale only through his legal guardian or parents, who have registered as users of the Website. The company reserves the right to terminate any membership and may refuse to provide access to any person to the Website if it is brought to the notice of the company or if it is discovered that the person transacting is under the age of 18 years.

Thus, the user of this Website has to be a natural or legal person who has agreed to become a member of the Website by providing data while registering on the Website as Registered User or Guest User using the computer systems of the Website and has accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (User ID and Password) to become a Registered User or has been identified as "Guest User" by providing the information requested by the system.

 

3. Your Account and Registration Obligations

While using the Website as a Guest User, you are responsible for the physical and electronic safety and security of the computer and computer systems or other equipment being used and you shall abide by the terms and conditions contained herein to the extent applicable. While using the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password, as well as restricting access of your cell phone number and to your computer, computer system and computer network, and you are responsible for all activities that occur under your "User ID" and "Password", e-mail address and cell phone number as the case may be. 

As a Registered User, you agree, inter alia, to:

a) Provide true, accurate, current and complete information about yourself as prompted by the company's registration form or provided. (such information being the "Registration Data").

b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

c) If you provide any information that is untrue, inaccurate, not current or incomplete or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

Although the company takes prudent precautions against computer viruses, Trojans, mal-ware and other malicious programs that may damage, harm or compromise privileged information from the visitors' or customers' computer systems and other devices, all visitors and customers are advised to take due precaution and have proper protections against such infringements and the company shall in no way be responsible for such events.

 

4. Electronic communications

When you use the Website or send emails or other data, information or communication to the company, you agree and understand that you are communicating with the company through electronic records and you consent to receive communications via electronic records from the company periodically and as and when required. The company will communicate with you by email or other electronic methods which will be deemed adequate service of notice and communication. The company reserves the right to send newsletters, promotional brochures and other similar communications from time to time to keep the registered users informed about the new products and upcoming events.

 

5. Sale by company

a) All transactions from or through this Website shall be deemed to have been conducted or transacted at or from the registered office of the company at P-154A, Nazrul Islam Avenue, Kolkata- 700054, West Bengal, India.

b) All transactions shall be subject to the provisions of the Sale of Goods Act, 1930.

c) A sale by the company is deemed to be complete once the "Tax Invoice" for the goods ordered in raised, and the company shall deliver through a third party courier.

d) All sales are subject to applicable tax under the West Bengal Value Added Tax Act, 2003 and rules framed thereunder, in respect of customers residing in the State of West Bengal, or the Central Sales Tax Act, 1956, and the rules framed thereunder, where the customer is resident outside the State of west Bengal.

e) The offer for sale is restricted to the items displayed in the brochures in the Website. The company reserves its right to remove, delete, add, alter, modify or discontinue any item or the entire brochure without any prior notice.

f) An order will be deemed to have been accepted only after the full consideration is received by the company and credited to the bank account of the company.

g) All orders are subject to availability in stock and subject to prior sale from the showroom counters. The company will not be held liable for any costs, damages or claims for extension of the delivery time under such circumstances.

h) The products of the company are mostly hand crafted and minor and subtle variations will always occur from the product displayed in the brochures in the Website. Our offer is subject to such minor variations.

i) The company shall have sole discretion to accept any offer from the customer to purchase a product.

j) The amount of the shipping costs depends on the type, quantity and of the place of delivery of the goods, and is communicated together with the product prices in the website.

k) All transactions on the website and use of the services of the company shall be subject to true, fair and accurate disclosure of information by the customer as may be called for.

 

6. Payment by customer

a) The payment of the purchase price shall be due in advance upon ordering of the goods.

b) Customer may make payments by valid debit card or credit card or net banking through the payment gateway of this Website.

c) All payments made against the purchases on the Website shall only be in Indian Rupees.

d) Payments shall be deemed to have been received only when such monies are credited to the company's bank account and are freely available to the company.

 

7. Delivery of products

a) The ordered goods will be deemed to be in transit for delivery once despatched through a third party courier and shall be deemed to delivered once handed over to the customer or to the person authorised as instructed.

b) The recipient of the goods is obliged to produce identity proof and address proof or such other documents to verify and establish his bona fide at the time of delivery to ensure safe delivery of the goods purchased.

c) The company will issue an invoice regarding every transaction and the third party courier shall hand over the original copy of "Tax Invoice" to the customer at the time of delivery of the goods ordered..

d) The customers are requested to inspect the purchased item and accompanying papers promptly and immediately. Attention is drawn to the "Replacement Policy" and "No Refund Policy" below in this connection.

 

8. Replacement Policy

a) Requests for replacement will be accepted at the absolute discretion of the company at all times and the company will have the sole and absolute discretion and authority to decide in respect of any disagreement or difference of opinion relating to such complaints.

b) The products being mostly hand crafted as mentioned earlier, requests for return or replacement will not be entertained for minor variations, such as design, colour or appearance.

c) A replacement shall be allowed free of cost when the company acknowledges that the product received by the customer is substantially different from the ordered product.

d) If the company is satisfied that any of the product sold has an inherent manufacturing defect, despite every precaution and rigorous quality controls being undertaken, it shall be replaced free of cost.

e) Any complaint or replacement request shall be considered only if made within 48 (forty eight) hours from delivery by communication through the registered e-mail address, mentioning Customer ID, Order ID, date and time of delivery and clearly and accurately describing the nature of the complaint. No complaints or requests for any return or replacement will be accepted or entertained after 48 (forty eight) hours from the delivery of the goods ordered.

 

9. No Refund Policy

The company shall not refund any payments received from customers.

 

10. Insurance

a) To safeguard the interest of the customer for the goods ordered, the company shall arrange for transit insurance free of cost valid till its delivery.

b) Minor damages or deformations or deteriorations in the course of the delivery are not covered by the transit insurance.

c) The customer on request shall provide all information and documents, as may required, to assist the company to lodge and substantiate claims against the insurer in the event of a loss.

 

11. Warranty

The goods shall be considered to have a defect in quality if they have an inherent material or manufacturing defect. Minor deviations from the image shown on the Website shall not qualify as a defect.

 

12. Limited Liability

The company shall be liable for its acts or for the acts of the persons employed in the fulfilment of its obligations only to the limited extent of foreseeable direct damage typical in this type of contract without guarantying the accuracy of any listing, posting or representation. In no event shall the website or its affiliates and service providers be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the company, its services or this agreement.

 

13. Disclaimers and immunities

a) The photographs and impressions displayed on the website are for reference only and are not to scale. The size, colour, finish, lustre and other visual parameters of the actual product may differ to an extent from the photographs and impression displayed in the website. Moreover, the items being mostly hand-crafted, actual products delivered may differ to an extent.

b) The weight of gold, silver, diamond or any precious metal to be used for making jewellery item ordered by the customer may vary marginally in the final form of the product. The difference, if any at all, will be due to hand-crafting of the jewellery item. The customer understands and acknowledges that the weight of gold, silver, diamond or precious metal displayed against any particular item is a fair and reasonable approximation and cannot be the exact such weight in the finished products.

c) In case of gem stones the prices are given on the average weight of stone and not on the individual stone. Prices will be fixed on a range of average weight of the gemstone and not on exact weight.

d) The customers are advised to contract the company at our 24 x 7 Customer Helpline: 1800-0000 or the Liaison Officer during business hours [Timings: Tuesday to Saturday 11.00 am to 7.00 pm and Monday 1.00 pm to 7.00 pm] at 91-98300-000000 for any query or clarification.

e) The company or the website shall not be responsible for any unauthorised use of credit or debit cards for making any transaction and shall have no liability either to the true holder of any credit or debit card or to the concerned bank for any unauthorised / fraudulent use of payment instruments.

f) The company declares that it has no obligations beyond the terms and conditions and representations mentioned herein.

 

14. Force Majeure

If either Party to this Agreement is prevented by any event or circumstances such as government action or inaction, war, serious fire, flood, typhoon, earthquake or other natural calamity beyond its control, the time for the performance of this Agreement shall be extended by a period equal to the effect of such cause and neither Party shall be responsible for loss or damage due to the delay. The Party so prevented by such event or circumstances shall notify the other Party by telex, cable or fax as soon as possible from the time of the occurrence of the force majeure.

A refund of payment received from a customer, if any, may be permitted at the sole and absolute discretion of the company by crossed account payee cheques only in the name of the customer under such circumstances. 

 

15. Governing Law

Any and all questions of enforceability and interpretation which may arise under this Agreement shall be determined and governed by and in accordance with the laws of India. This Agreement shall be subject to the exclusive jurisdiction of the Hon'ble High Court at Calcutta.

 

16. Arbitration

All disputes, differences or arguments that may arise in future between the parties shall be amicably settled amongst themselves and if such settlement is not achieved within a reasonable time shall be subject to arbitration under the Arbitration & Conciliation Act, 1996. Such arbitration shall be held at Kolkata only.

 

17. Alterations and Modifications

The company reserves the right to change, modify, alter and/or substitute any or all the terms and conditions mentioned herein at any time and from time to time at its sole and absolute discretion and accord, without giving any prior notice and/or intimation to any person, including its customers.

 

18. Acceptance

By registering at this Website and transacting thereafter the customer agrees, accepts and acknowledges to abide by the terms and conditions mentioned above.