Terms & Conditions

  1. About Us

 

AVTAARA.COM (“Website”) is owned and operated by Avtaara Jewellery LLP (“AVTAARA”) and is specialized in the sale of jewellery made out of precious metals and jewellery made out of precious metals studded with laboratory grown diamonds and / or other gemstones over various platforms on the internet.

 

  1. Terms and conditions of Use of the Website

 

  1. Terms and Conditions

 

  1. Please read these Terms and Conditions of use and the Privacy Policy, included herein by reference, of the Website (“Terms”) 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 explicit assent to these Terms of use as well as the Website’s Privacy Policy (which is hereby incorporated by reference herein). These Terms of use set out the legally binding Terms of use of this Website. These 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 / Guests/ Customers”) as well as users who are registered with 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 what so ever, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of use so that you will be apprised of changes, if any. Nothing in these Terms of use should be construed to confer any rights to third party beneficiaries.

 

  1. Please note that all Jewellery / Product/s is sold on “as is” basis.

 

  1. By using this Website you represent and warrant that

 

  1. You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.

 

  1. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

 

  • Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

 

  1. Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content

 

  1. You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms AVTAARA or any other person or entity, as determined in the AVTAARA’s sole discretion.

 

  1. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or Services

 

  • You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,””spamming,””flooding,””trolling,””phishing” and “griefing” as those terms are commonly understood and used on the Internet.

 

  • You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

  1. AVTAARA cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of use, and, as between you and AVTAARA, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

  1. All information, content and material contained in the Website and / or Services are AVTAARA’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to AVTAARA. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without AVTAARA ‘s express written permission

 

  1. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by AVTAARA and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that AVTAARA is not responsible for those sites. AVTAARA reserves the right to disable links from third-party sites to the Website, although AVTAARA is under no obligation to do so.

 

  1. You expressly understand and agree that

 

  1. The information, content and materials on this website and / or services are provided on an “as is” and “as available” basis. AVTAARA and all its 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.

 

  1. AVTAARA makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, AVTAARA cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. AVTAARA does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While AVTAARA 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, AVTAARA reserves the right to refuse the sale of that item.

 

  • Any reference to diamonds on the website would refer to laboratory grown diamonds and will not include any reference to natural or earth mined diamonds unless expressly specified.

 

 

  1. Description of Services

 

  1. This Website provides access to trading, pricing, news and other information services related to Jewellery. This Website offers services for Members who wish to purchase Jewellery for personal consumption, inclusive of, customized and readymade / ready to wear / ready to use Jewellery.

 

  1. Some items / Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the Products 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. The Company shall not be liable for any legal action on this account.

 

  1. Definitions

 

  1. Avtaara, a Limited Liability Partnership, we, our, us or similar terminology are all in reference to Avtaara as a provider of services / Website for the remainder of this document.

 

  1. “User”, “Guest”, “Members”, “Customer”, “you”, “your” or other similar terminology are all in reference to you as the user of the Website for the remainder of this document

 

  1. “User” /”Guest” shall be any user using / visiting this Website

 

  1. “Member/s” shall be such User / Guest who shall register with us on the Website

 

 

  1. “Terms” is this document titled “Terms and Conditions for usage of the Website” encompassing the terms and conditions and policies of AVTAARA regarding the operation of this Website together with the Privacy Policy, with which the user of the Website is bound by.

 

  1. “Product” / “Jewellery” means the jewellery that is predesigned in precious metals and / or jewellery set with diamonds and / or gemstones that are available for sale on our Website. Please note that all Jewellery is sold on “as is” basis.

 

  1. “Diamond” for the purpose of this website will refer to laboratory grown diamonds unless expressly specified otherwise.

 

  1. Registration

 

  1. Users may register on the Website to become Members prior to the completion of any transaction on the Website.

 

  1. To register onto the Website the User will have to provide personal information (as defined in the Privacy Policy), including but not limited name, e-mail, contact number, contact address and customer verification question (example: your mother’s maiden name), which will be used for verification purposes.

 

  1. Registration is a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.

 

  1. Acceptance of Terms

 

  1. By choosing to visit the Website, the User confirms that the User is above 18 years of age and is not otherwise incompetent to contract under the Indian Contract Act, 1872 and is legally allowed to take decisions of his / her own.

 

  1. By Choosing to Use of Website you have fully agreed to and have fully accepted our Terms of use of the Website.

 

  1. Personal Information

 

  1. Personal Information is the information, including but not limited to, You give / enter while registering to become a Member on the Website and / or is collected while You are browsing / surfing through the Website (“Personal Information”).

 

  1. Consent

 

  1. By using the Website, providing us your Personal Information or by making use of the features provided by the Website or by making a payment to AVTAARA, you hereby consent to the collection, storage, processing, disclosure and transfer of your Personal Information in accordance with the provisions of this Terms, Conditions and Privacy Policy for the Usage of Website .

 

  1. You acknowledge that you are providing your Personal Information out of your free will. You have the option not to provide us the Personal Information sought to be collected. You will also have an option to withdraw your consent at any point, provided such withdrawal of consent is intimated to us in writing at contactus@avtaara.com.

 

  1. If you do not provide us with your Personal Information or if you withdraw the consent at any point in time, we shall have the option not to fulfil the purposes for which said Personal Information was sought and we may restrict your use of the Website.

 

  1. Order

 

  1. For placing an order the User shall be required to duly register on the Website and become a Member.

 

  1. Any Member who wishes to purchase an item from the Website can choose from the selection of Jewellery available on the Website and add the item to the shopping cart;

 

  1. In the event of a Member wishing to make a purchase, the Member shall also provide any other mandatory information required under law, including but not limited to Personal Account Number (PAN) and/or GST number at the time of purchase.

 

  1. Orders are normally considered complete only after full / complete payment has been received by AVTAARA.

 

  1. Payment to be made by use of credit card or debit card or a prepaid card.

 

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

 

  1. Once the purchase of item(s) is confirmed, AVTAARA:

 

  1. In the case of Jewellery – order for the manufacture / procurement of the said Product / Jewellery and deliver it to the Member.

 

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

 

 

 

  1. Product Availability

 

  1. AVTAARA may not own some / any of the Products listed on the Website. In such cases, AVTAARA 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 which case a refund of the monetrary consideration received towards the Product shall be initiated.

 

  1. Infrequently, data may be inaccurately displayed on the Website due to system errors. AVTAARA reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice.

 

  1. In case of products sourced from third party vendors, the Website will rely on certification by a jewellery certification company relating to metal, diamond and other aspects of the jewellery and will only provide such certified details on the website. The website will not be responsible for any misstatements or errors in the certificate provided by such companies.

 

  1. Each piece of jewellery sold on the website, if diamond studded, will be certified as being studded with laboratory grown diamonds from a reputed certification agency including but not limited to GIA, IGI or SGL. A copy of the certificate will be shipped with each product.

 

  1. The product weight mentioned on the website for jewellery may vary upon manufacture of the product. In case, the customer receives a product of lesser product weight than the value paid for, the Company will refund such differential amount to the Member.

 

 

  1. Insurance

 

  1. Only transit insurance shall be provided by AVTAARA and it shall be valid only upto the time of acceptance of delivery.

 

  1. Return and refund

 

  1. The Member will be permitted to return items purchased from AVTAARA within 30 days of receipt of the Product.

 

  1. Return requests need to be raised by the Member with AVTAARA within 30 days of receipt of the Product.

 

  1. Member must return all contents of the package – Product, Product boxes, packaging, guarantee or warrantee card, certificate of authenticity, if any and/or any other brochure or literature or information booklet to AVTAARA

 

  1. Product returned would be inspected by authorized personnel at AVTAARA warehouse and a 100% refund would be initiated only in case the Product is received back in a good saleable, marketable condition and is up to satisfaction of AVTAARA, except in case of a manufacturing defect to be determined by AVTAARA.

 

  1. If the product has been found to be tampered with resulting in the product not being in a good saleable, marketable condition and is not up to satisfaction of AVTAARA, then AVTAARA has the right to recover the cost of damages and associated costs from the customer and / or refuse to accept the return, in which case, the said Product shall be delivered to the said customer in the standard procedure as elaborated in these Terms. AVTAARA shall bear no further liability towards the said Product, in case the return is rejected by AVTAARA.

 

  1. The credit card account of the Member will be re-credited with the refund amount by AVTAARA. The refund amount will be credited to the Member’s account within the time span stipulated by the bank which has issued the credit card;

 

  1. In case of a request for return being received, AVTAARA will arrange to pick-up the product from the delivery location. The cost of shipment back to AVTAARA warehouse and insurance during transit will be covered by AVTAARA.

 

  1. Changes to Terms:

 

  1. AVTAARA reserves the right to change or remove any part of the Terms without notice or liability to any third-party. In the event there are significant changes in the way we treat your Personal Information, or in the Terms, we will display a notice on the Website, so that you may review the changed terms prior to continuing to use the Website. As always, if you object to any of the changes to our Terms, and you no longer wish to Use the Website, you may contact us to deactivate your account. Use of Website on our Website shall constitute your consent to the changed terms.

 

  1. Jurisdiction:

 

  1. All Terms of AVTAARA have been drafted in accordance and compliance with Indian laws. Any and all disputes arising between the User and AVTAARA with regards these Terms, including the interpretation of the Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.

 

  1. Miscellaneous:

 

  1. Your registration on the Website / Use of Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

 

  1. You shall not modify any content of the Website.

 

  1. You shall not decompile, reverse engineer, or disassemble the content.

 

  1. You shall not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify

 

  1. You shall not use the Website in any way that is unlawful, or harms AVTAARA or any other person or entity, as determined in AVTAARA’s sole discretion.

 

  1. You shall not to reproduce, duplicate, copy, sell, resell or exploit any portion / content / Product available on the Website without express written permission by us.

 

  1. You will shall not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use of the Website.

 

  1. Intellectual Property

 

  1. Third-party content appearing on the Website is the property of their respective owners and AVTAARA does not assert any rights in relation to the same. AVTAARA asserts its ownership in all the intellectual property, including but not limited to the trade marks and copyright, in the remaining contents of this document. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without an express written permission from AVTAARA

 

  1. Limitation of liability
  2. You agree that the maximum aggregate monetary liability of Avtaara / Website and / or any of its employees, agents suppliers, or affiliates, including under breach of contract, tort, strict liability and / or infringement shall not under any circumstances exceed the total amounts paid by You.

 

  1. Notwithstanding anything contained in this Terms, Avtaara / Website shall not be liable for indirect or consequential claims or losses under any circumstances and for any reason whatsoever.