TERMS OF USE

• Please read these terms of use carefully before using this this website

• Terms and conditions of services

  • Description of Services

  • Registration

  • Order

  • Product Availability

  • Pricing

  • Payment

  • Refunds

  • Shipping and Delivery

  • Gifting

  • Returns and Replacements

  • Exchange

  • Insurance

  • Certificate

  • Usage of promo code by the Company

  • Conflict Diamond Policy

• Terms and conditions of use of the website

Welcome to the portal http://www.golecha.in (the “Website”).  The content of this Website is the property of Golecha Trading Private Limited (the “Company”).  The Company is in the business of selling Loose Diamonds (as defined below), diamonds and gemstone jewellery, precious jewellery and other products via this Website (“Services”).

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 agreement to this Terms of Use as well as the Website's Privacy Policy (which is herby incorporated by reference herein.). 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.

Definitions

"Jewellery" means the jewellery that is predesigned or jewellery sets with diamonds that are available for sale on our website. Please note that all Jewellery is sold "as is" and do not allow the Members to make any changes on them.

"Mounts" are defined as designs which may or may not have diamonds that hold a gemstone / gemstones in place. Members can select Mounts and diamonds separately to create customized Jewellery.

"Loose Diamonds" are individual diamonds that can be bought without being set on Mounts

A.       TERMS AND CONDITIONS OF SERVICE

1.       Description of Services.

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

Please note that some of the terms under these Terms of Use differ for purchases for personal consumption and investment purchases.

This Website offers services for Members who wish to purchase diamonds for personal consumption and is inclusive of both, customized and readymade Jewellery.
The Website also offers services to sell diamonds for investment. The Website displays diamonds and stones that are specifically recommended for the purpose of investment. The Website will also feature the recommendations of a trained diamond consultant, circulate a list of investment grade diamonds and recommend good buys.

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.

2.       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.

a) Product dossier / brochure containing basic information and details about the investment grade diamonds;

b) Diamond helpline number to call the Company;

b) customize the jewellery by adding the diamond(s) to a ring, pendant, earring or any other type of jewellery that is expressly stated as customizable on the Website and then add it to the shopping cart; or

c) choose from the selection of Jewellery available on the Website and add it to the shopping cart; or

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 Company 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 the Company.

To confirm the orders the Company may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. The Company will confirm the order only after the verification question is answered by the Member.

Once the purchase of the item(s) is confirmed by the Member, the Company shall:

a)      In the case of Loose Diamond or custom jewellery - order for the diamond(s), set it on the Mount and deliver it to the Member; or

b)      In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the Member.

Investment Purchase

On finding a diamond of choice to invest in, the Member shall fill in the order form and send it to the Company. The Member shall also provide the TPIN. The Company team, on validating the order and the TPIN, will check the availability of the diamond and only then ask the Member to make payment.

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

The Company may not own any of the diamonds and other products listed on the Website. In such cases, the Company 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.

In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, the Company will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, the Company shall confirm the new order. If the cost of the new selection is more expensive that the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one the Company shall refund the excess amount to the Member in the manner specified below in this Terms of Use.

Diamond prices vary from one category of diamonds to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.

All pricing information available on the Website must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.

Infrequently, data may be inaccurately displayed on the Website due to system errors. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is completed.

The prices of the products listed on the Website are fixed and not negotiable.
If you have any questions, please do not hesitate to contact us at 1800 -102 0103.

2.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a)   THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE AND / OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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.

b)   THE COMPANY MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER THE COMPANY CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. THE COMPANY DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE THE COMPANY 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, THE COMPANY RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.

c)    THE COMPANY 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.

d)   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.

3.   YOU HEREBY INDEMNIFY, DEFEND, AND HOLD THE COMPANY, THE COMPANY'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.

4.   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.

5.   THE COMPANY 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.

6.   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.

7.   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.

8.     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.

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

10.     ANY FAILURE OF THE COMPANY 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 TO ALL OF THE PROVISIONS CONTAINED ABOVE.