WHO CAN USE:
Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use this website. Persons below the age of 18 years shall not be permitted to use this website for purchase of any products from this website.
Those who choose to access this website from outside India are responsible for compliance with local laws and if to the extent local laws are applicable. In case if any Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order.
PRICING AND PAYMENT
All products sold to the customer through this website is “MADE TO ORDER”. The price of the product and specification of the product displayed in this website are only indicative and an estimated price and do not constitute a final price or specification for the product. In the event an eligible customer is interested in purchasing a particular product, they can use the PLACE ORDER link attached to that product to connect with an authorized representative of SMAART DIAMONDS. The actual price and specification of the product and as on that date will be communicated to the customer by SMAART DIAMONDS through email if the product is readily available with SMAART DIAMONDS. The customer shall remit the final price of the product communicated to them through the payment gateway link shared by SMAART
diamonds in the confirmation mail. Product will be dispatched after payment of the full value of the order as specified in the confirmation mail.
CUSTOMISATION
In the event the customer requires customization of any of the products displayed in the website or there is no stock of the product displayed in the website with SMAART DIAMONDS, the customer can place an order to manufacture the product exclusively for them through the PLACE ORDER link placed on each product. The customer can request the specifications of the product to be made exclusively for them and SMAART DIAMONDS may
either accept/reject or modify the specifications requested by the customer. The specifications that can be manufactured by SMAART DIAMONDS based on the customers’ request will be communicated through email. The customer may thereafter accept the specifications so communicated by SMAART Diamonds
and send a confirmation email to SMAART DIAMONDS. It is open to SMAART DIAMONDS to thereafter accept the order or reject it. In the event the order is accepted, SMAART DIAMONDS will send a final confirmation mail to the customer with the Estimated price and specifications of the product sold to the customer along with an authorized payment link. The customer will be required to pay 50% of the estimated price quoted to them by SMAART DIAMONDS within 3 days from the date of the confirmation mail sent to them. The product will be manufactured a per the specifications in the confirmation mail by SMAART DIAMONDS within a maximum period of 60 days from date of payment of the aforesaid 50% of the estimated product price. SMAART DIAMONDS will intimate the customer by email as soon as the product is ready for delivery or pick up by the customer or his/her representative. The customer shall remit the remaining amount of the final price of the product. Till the final price of the product is paid, SMAART
DIAMONDS shall have the right to cancel the order and refund any amounts already made by the customer for that product. Upon full payment of the final purchase price, the product will be dispatched to the customer as per the customer’s instructions/preference.
For orders being shipped within India, the payment can only be accepted in INR. Prices will be MRP and CGST/SGST and IGST, as applicable.
In case of international credit cards being used for domestic orders, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges may apply according to your credit card policy. If you have made the payment by International card or foreign bank-issued card then you will be required to send us any government-issued photo Identity proof. For example:
- Pan card
- Driving License
- Passport
- Voter identification card
- Postal identification Card (Aadhar)
DELIVERY
A tentative delivery date/time will be given along with the order confirmation email. The exact delivery date shall be provided as soon as your order is ready for dispatch. Alternatively, registered customers can track their order by clicking Track Order and find the order status. All delivery by shipping will be done through reputed couriers and the tracking details will be share to the customers immediately after dispatching the shipment.
In case the customer chooses to pick up the order in person from SMAART DIAMONDS, the customer shall bring a copy of any one of the photo id listed along with copies of the email sent by SMAART DIAMONDS confirming the order and receipt of full and final payment for the product. In the event of the customer deputing any person other than themselves to pick up the order from SMAART DIAMONDS, such person shall produce a signed authorization letter and his photo ID along with the documents required for collection from the customer as stated above.
Government-issued photo Identity proof. For example:
- Pan card
- Driving License
- Passport
- Voter identification card
- Postal identification Card (Aadhar)
GENERAL CONDITIONS
- You have to provide true, accurate, current and complete information about yourself while registration on www.smaartdiamonds.com
- You should maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, incomplete or not current or if SMAART DIAMONDS has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with this user agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to our website.
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), any extra cost incurred by SMAART DIAMONDS for re-delivery shall be claimed from you and you shall bear such expenses.
- You will provide authentic and true information in all instances where such information is requested of you. SMAART DIAMONDS reserves the right to confirm and validate the information and other details provided by you at any point of time. Further, SMAART DIAMONDS also reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, your details are found to be false (partially or completely), SMAART DIAMONDS has the right in its sole discretion to reject the registration and debar you from using the services of www.smaartdiamonds.com and or other affiliated websites without prior intimation whatsoever.
- You confirm that the address at which delivery of the product(s), ordered by you, is to be made is correct and proper in all aspects.
- Before placing an order you shall check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale and invitation to offer included in the item’s description.
- If there is any delay in the delivery caused due to any natural calamity, public holiday or any other unforeseen circumstance, then you shall not hold SMAART DIAMONDS liable for such delay in the delivery of the product.
CANCELLATION POLICY
BY SMAART DIAMONDS
There may be certain orders that SMAART DIAMONDS 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 SMAART DIAMONDS identifies 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. If the order is cancelled after receiving any payment or all payment from the customer, SMAART
DIAMONDS shall refund the amounts received from the customer.
BY CUSTOMER
Once an order is placed, it can only be cancelled by the customer before it is shipped to the provided destination. Registered customer can always check the status of their order from Track Order available at www.smaartdiamonds.com Once the cancellation request is received, we will initiate the process of refunding the amount to your account via the same payment mode that you had used to make the transaction or through cheque
(amount would be refunded through cheque, only in cases where the debit/credit card used by customer while placing the order is not in use). Once the refund process is initiated, you will receive the refund amount directly in your account or through cheque.In the event that the amount has been deducted from your account but the transaction failed, we will refund the amount to your account at the earliest.
In case cancellation of orders for customisation of exclusive manufacture for the customer, if the customer cancels the order after paying 50% of the estimated cost and before payment of the final price, SMAART DIAMONDS will accept the cancellation and refund the 50% amount paid after deducting any cost incurred by them in processing the order till the date of cancellation.
RETURN AND EXHCHANGE
Return and Exchange shall be at the sole discretion of SMAART DIAMONDS. Any request for return or exchange shall be made within 7 days from the date of delivery of the product by SMAART DIAMONDS. In case the return or exchange of the product is accepted by SMAART DIAMONDS, the same shall be on the basis of the prevailing rates of gold and stones alone as on date of accepting the return or exchange after deducting any cost/charge incurred by SMAART DIAMONDS for processing the customer’s order.
PRIVACY POLICY
We understand that your privacy is important to you and we respect that. We ensure you that SMAART DIAMONDS maintains complete confidentiality of the details that you have shared with us and will not share it with any third party.
We may ask for certain details such as name; date of birth; e-mail address; residential address; contact number etc for registration purposes or for giving feedback, contests, newsletters and placing an order. At any point in time, you can unsubscribe to our newsletters or any other information which you may receive from SMAART DIAMONDS.
Also, for enhanced security, SMAART DIAMONDS does not accept any financial information on its servers. All information entered by the customer is directly received through our payment gateway and are transmitted to their respective bank’s servers. All this is done through industry standard encryption protocol known as SSL (Secure Socket Layer).
The payments on our website are processed by a third party who has signed a non-disclosure agreement with us and therefore, are not allowed to share any personal information of the customers.
SMAART DIAMONDS reserves the right to recover the cost of goods, collection charges, damages caused to SMAART DIAMONDS and legal expenses from persons using the site fraudulently. SMAART DIAMONDS reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
INTELLECTUAL PROPERTY
SMAART DIAMONDS owns the copyright to all the contents of this website, including images. All trademarks and other intellectual property are owned or licensed to us (unless otherwise specified).
You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without the written consent from us. You may print or download any pages for your own personal and non-commercial use only.
SMAART DIAMONDS reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website.
Access to this website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website collectively content are intended solely for personal and non-commercial use. You may download or copy the contents and other materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the website or any related software. All software used on this website is the property of SMAART DIAMONDS or its suppliers and they are protected by Indian and international copyright laws.
MODIFICATIONS TO THIS DOCUMENT
SMAART DIAMOND reserves the right at any time to modify the terms and conditions of this user agreement without any prior notification to you. Subsequent to any such modification of the user agreement, we will inform you of the modifications in the user agreement through e-mail at the address provided by you while registration on our website. You can access the latest version of the user agreement at any given time on www.smaartdiamonds.com You should regularly view the user agreement on www.smaartdiamonds.com. In the event the modified user agreement is not acceptable to you, you may undertake to discontinue using our service. However, if you continue to use our service you shall be deemed to have agreed and accepted to the modified terms and conditions and you undertake to abide by the modified terms and conditions and you undertake to abide by the modified user agreement.
LIABILITY
We take no responsibility for any loss or damage suffered as a result of our order online service or goods supplied using the same, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
NOTE: In case of orders being shipped outside India, we don’t provide any guaranty/warranty on any product, we only provide the certificate of authenticity which authenticate that the product delivered to the customer is 100% genuine.
Any product you buy from our website is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the product and being completely acquainted about the product, its features, characteristics, usage etc. SMAART DIAMONDS is not liable for any kind of
damages or losses whatsoever suffered by the customers due to the use of the product. This is applicable for both domestic and international orders.
FORCE MAJEURE
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport.
TERMINATION
This user agreement is effective unless and until terminated by either you or SMAART DIAMONDS. You may terminate this user agreement at any time by informing us in writing through Indian postal services by registered/ speed post that you no longer wish to be associated with this website, provided that you discontinue any further use of this website.
SMAART DIAMONDS may terminate this user agreement at any time and may do so immediately without notice, and accordingly deny you access to this website. Such termination will be without any liability to SMAART DIAMONDS. Upon any termination of the user agreement by either you or SMAART DIAMONDS, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the user agreement or otherwise. SMAART DIAMOND’s right to any comments shall survive any termination of this user agreement. Any such termination of this user agreement shall not cancel your obligation to pay for the product(s) already ordered from the website or affect any liability against you that may have arisen under the user agreement.
GOVERNING LAW
This user agreement shall be construed in accordance with the applicable laws of India. The courts at CHENNAI shall alone have exclusive jurisdiction in any proceedings arising out of this user agreement
