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 any individual person or an entity who accesses this Website, desires to place or places an order for the 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 2716, Bank Street, Karol Bagh, New Delhi who is the seller of the Product(s) offered for sale on this Website.
"Consignment" shall mean each shipment of Product(s) that the Seller makes in response to a purchase 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 that the seller has made available for purchase on this website [this Website and Product(s) listed therein may be updated 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 colored artistically etc. as per the description of each of item given in the Website.
"this Website" shall mean the website www.azvavows.com owned by the Seller which website is also identifiable by its URL www.azvavows.com which is an online shopping platform owned and operated by the Seller for sale of the Product(s).
"Ordering Procedure" shall mean the step by step procedure which is to be followed by the Customer to order the Product(s) from the Seller's Website.
"Payment Procedure" shall mean the step by step procedure which is to be followed by the Customer to pay the Seller for the Product(s) ordered by the Customer from this Website.
"Intellectual Property Rights" shall include but not be limited to copyrights, trademarks, patents, trade secrets, designs, artistic work or other proprietary rights protected under law from time to time.
Use of the website
The user of this website shall not access this website from a jurisdiction where none of the terms and conditions of this Agreement are recognized or in force. The user of this website or the Customer agree, acknowledge and recognize 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 or is incompetent to contract as mentioned above.
Transaction security
When you (the Customer) visit/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 to ensure secure communication, to maintain the confidentiality of his information details (including Credit card number and all other confidential information disclosed by him), to restrict access to his computer, and the Customer agrees to accept responsibility for all activities that occur using his computer.
The Seller disclaims all responsibility for any hacking, communication interruptions, etc. that take place on this connection. The Customer expressly agrees that the Seller shall not be liable for any unauthorized access to or modification of Customer's transmissions or data, any material or data communicated or received or not sent or received, or for any failure to send or receive any material or data. Additionally, 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 acknowledges and agrees that the seller will not be held liable for the disclosure of the customer's information as a result of transmission failures or unauthorized acts by third parties. Without limiting the aforementioned, the Customer acknowledges and agrees that the Seller is not liable or accountable for "phishing attacks" against the Customer.
Sale of products
The Customer agrees and acknowledges that in the Website all Product(s) are offered only at the sole discretion of the Seller for a restricted time and only for the available supply/till stock lasts. Prices on the website are subjected to change without any prior notice, as the prices are calculated using current prices of precious metals and gems.
The Seller also reserves the right to put a limit on the number of items purchased or orders placed through this Website. In addition the Seller also reserves the right to put a monetary limit/value cap in terms of Indian Rupees upto which only the Customer may place order(s) on this Website. Additionally, the Seller also reserves the right to put a condition that each order placed by the Customer on this Website must be above a certain minimum monetary value in terms of Indian Rupees.
Customer data
The Customer agrees, acknowledges, confirms and undertakes that the Registration Data, information/data provided or uploaded onto the Website by the Customer: (a) shall not be false, inaccurate, misleading or incomplete or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing or (e) shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever or (g) shall not create liability for Seller or cause Seller to lose (in whole or in part) the services of Seller's ISPs or other service providers/suppliers. If the Customer contravenes the foregoing or the Seller has reasonable grounds to suspect that the Customer has contravened the foregoing, the Seller has the right to indefinitely deny or terminate Customer's access to the Website and to refuse to honor the Customer's Order(s).
Trademark
The Customer agrees, acknowledges, confirms and undertakes that in any event and at any point of time whatsoever the Customer shall not do all or any of the following: (a) tamper with or alter Seller's trade mark, service mark, symbol, marking, abbreviations thereof or any brand or hallmark symbol displayed/etched/stamped on the Product(s), or (b) add, in any manner whatsoever, any trade mark, service mark, symbol, marking, abbreviations thereof or any brand or hallmark symbol on the Product(s) or (c) do or cause to be done any act or thing, directly or indirectly impairing or affecting the right, title and interest of the Seller to the Intellectual Property Rights in relation to the Product(s). In this respect the Customer agrees, acknowledges and confirms that making copy/copies of the Product(s) is a violation of Seller's Intellectual Property Rights and is prohibited under this Agreement.
This Agreement provides the Customer with a personal, revocable, nonexclusive, non-transferrable license to use this Website, provided, the Customer complies with and continues to comply with this Agreement. The Customer may use this Website solely for his personal, non-commercial use, and the Customer may download a single copy of the materials from this site only for personal, non-commercial home use, as long as Customer agrees not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.
The Seller shall take appropriate legal action and prosecute to the fullest extent of the law any violation of the following Clause. The Seller prohibits the use of its trademarked names in metatags and/or hidden text. The use of trademarked names in metatag keywords amounts to trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines amounts to unfair practise. The Seller prohibits the following (a) linking of this Website and its web page(s) without prior written consent of the Seller and/or
(b) Framing of this Website and its web page(s) with links, advertisements and/or other information not originating from this Website.
(c) No right or license is granted under any copyright, patent or trademark of the Seller to any other party.
Warranty
The Customer hereby assumes the sole risk of making use or relying on the information, materials and services relating to the Products available on this Website or relating to this Website. The Seller makes no representations about the suitability, completeness, timeliness, reliability, legality in Customer's jurisdiction, or accuracy of the information, materials and services relating to the Products described or contained in this Website for any purpose.
All Products described or contained in this Website are offered "as is" without warranty of any kind whatsoever, including aside from the implied warranties and conditions of merchantability or fitness for a specific purpose, workmanlike effort and non-infringement.
In respect of, in relation to and with regard to this Website or any of the information, software, services and related graphics contained within the Website, the Seller expressly disclaims all warranties and conditions, whether express or implied, regarding the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. This Website and all such information, software, services and related graphics are provided "as is" without warranty of any kind whatsoever.
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. Although the Seller will make every effort to deliver the product within the mentioned timeline, the Seller disclaims responsibility for any delays in doing so and shall not be liable for paying the Customer any kind of compensation (whether monetary or otherwise).
The Seller has made a sincere effort 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. Typographical or pricing errors on this website are not the responsibility of the Seller, and therefore are not obligated to be honored. 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.
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