Terms & Conditions
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.goldsmyth.in (the "Website"), Goldsmyth Fine Jewelry ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Goldsmyth Fine Jewelry reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website Goldsmyth Fine Jewelry will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Goldsmyth Fine Jewelry encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Goldsmyth Fine Jewelry for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Goldsmyth Fine Jewelry sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Goldsmyth Fine Jewelry and its designated in house or third party call team(s).
We provide 3 easy ways to opt out of from future solicitations.
You may use the opt out link found in any email solicitation that you may receive.
You may also choose to opt out, via sending your email address to email@example.com
You may send a written remove request to [Plot No:35, white field, 3rd street, Mannivakkam, Vandalur Chennai - 600048].
Proprietary Rights. Goldsmyth Fine Jewelry has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Goldsmyth Fine Jewelry. Goldsmyth Fine Jewelry also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Goldsmyth will facilitate in its discretion the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Vouchers shall be subject to the Terms of Offer For Sale and such other terms, if any, as specified by the Vendor.
Each Voucher shall have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, You shall use it accordingly. Unless otherwise stated, You shall not be entitled to receive any credit or cash-back for the value of the Voucher You don't redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected shall not be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and shall not be combined with other special offers or promotions that may be made available on the Website.
On making payment for the Voucher through any mode, including cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise..
Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.
You agree that neither Goldsmyth nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
Goldsmyth offers information on our products and the ability to place your order for such products. Order acceptance and the completion of a contract between you and Goldsmyth(“Contract”) will take place only when you make full or part payment at checkout, unless you cancel the order prior to completion, or we do not accept it or later cancel the order in accordance with our terms below
You agree to pay the amounts displayed to you at the time of purchase, as well as any applicable taxes and fees.
Goldsmyth reserves the right to do any of the following, at any time, without notice or liability:
to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (temporarily or permanently) for any reas
to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
change, remove, or discontinue any jewelry or other product design (“Design”), product, service, or promotion (including pricing) as advertised on the Site at any time without notice and you confirm that Goldsmyth shall not be liable for any such change or removal.
change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Goldsmyth shall not be liable for any such change or removal.
Please note that your continued use of the Site following any changes shall be deemed to be your acceptance of such change. Goldsmyth shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
The content on the Site, other than User Submissions (as defined below), including the text, trademarks, slogans, graphics, and photos created by and for Goldsmyth and interactive features, as well as the “look and feel” of the Goldsmyth Site (collectively "Content"), the related copyrights, trademarks, logos and other intellectual property rights contained therein ("Marks"), and all intellectual property rights, including copyright and design rights, in the product Designs, are owned by or licensed to Goldsmyth subject to copyright and other intellectual property rights.
Content on the Site is provided to you on an “AS IS“ basis for your information and personal use only without any representations or warranties being made by Goldsmyth regarding the Content.
You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site’s Content or User Submission (as defined below) other than expressly permitted herein. Goldsmyth reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content therein. You are prohibited from accessing the Site or using the Services for the purpose of creating any competing product or service.
You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or Services that you provide via email or other means (“Feedback“) are non-confidential and shall become the sole property of Goldsmyth.
You hereby assign to Goldsmyth the exclusive rights, including all intellectual property rights, in all Feedback and Goldsmyth shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOLDSMYTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOLDSMYTH MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Goldsmyth strives to provide You with the best prices possible on products and services You buy or avail of from the Website. These prices do change from time to time, Based on the fluctuations in prices of precious metal and gem prices, so our prices change as well.
Prices on Goldsmyth.in are subject to change without notice. Please expect to be charged the price for the Goldsmyth merchandise you buy as it is listed on the day of purchase.
CREDIT CARD DETAILS
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Goldsmyth expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
DELIVERY OF THE PRODUCT
Your shipping address, pin code will be verified with the database of Goldsmyth before You proceed to pay for Your purchase. In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant's delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Goldsmyth, in such cases Goldsmyth shall not be responsible for the non-delivery of the product, Goldsmyth delivers items Domestically. Further, You can make purchases on the website from anywhere in the India. In case You book multiple order for the Products and Services in one transaction, Goldsmyth would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics' issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.
If you are not able to take delivery of shipment in first attempt. Only 1 additional attempt shall be made for free. Post that customer has to pay additional charges per attempt made or the material will be RTO (return to origin). If undelivered the shipping charges shall be deducted from the amount paid during purchase and the rest will be refunded.
RBI Mandate for PAN Card and COD
PAN CARD proof is mandatory for orders above INR. 200,000. Order will be cancelled if the customer fails to produce the same.
Cash on Delivery is not allowed on orders above INR. 49,999
Cancellation by Goldsmyth : There may be certain orders that Goldsmyth is unable to accept and must cancel Goldsmyth reserves the right, at Goldsmyth sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Goldsmyth credit and fraud avoidance department Goldsmyth may also require additional verifications or information before accepting any order. Goldsmyth will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Goldsmyth
Cancellation by the User: In case of requests for order cancellations, Goldsmyth reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Goldsmyth receives a cancellation notice and the order has not been processed/ approved by Goldsmyth, Goldsmyth shall cancel the order and refund the entire amount to You within a reasonable period. Goldsmyth will not be able to cancel orders that have already been processed. Goldsmyth has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Goldsmyth and accept Goldsmyth decision regarding the cancellation.
Goldsmyth reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Goldsmyth as per certain criteria. Any Goldsmyth Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer care service team through any of the below mentioned channels:
Filling up the 'Contact Us' form;
Email : firstname.lastname@example.org
Upon receiving Your complaint Goldsmyth shall verify the authenticity and the nature of the complaint and if Goldsmyth is convinced that the complaint is genuine, Goldsmyth will inform the relevant Vendor of such complaint and request for a replacement if the same warranted. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, Goldsmyth reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Goldsmyth in this regard. You expressly acknowledge that the Vendor selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and Goldsmyth shall not in any manner be held liable for the same. In the event of your making any such claim/proceeding, you shall be liable to meet all cost/legal expenses and damages suffered by Goldsmyth
Before accepting shipment of any product, kindly ensure that the product's packaging is not damaged or tampered. If You observe that the package is damaged or tampered Goldsmyth request, You to refuse to accept delivery and inform Goldsmyth at the earliest. The return process of the product may be restricted by Goldsmyth depending on the nature and category of the product.
In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:
Please notify Goldsmyth of receipt of a damaged/ defective product/service within 48-hours of delivery to You. If You are unable to do so within 48-hours , Goldsmyth shall not be held liable for the failure to replace the order;
Products should be unused Any item that shows sign of wear or has been altered, resized (by a jeweller other than the company) or damaged cannot be accepted.
Goldsmyth will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Goldsmyth is unable to do so, Goldsmyth will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice.
Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
The returned products are subject to verification and checks by Goldsmyth in order to determine the legitimacy of the complaint/ return.
In the event the return of a product is duly accepted by Goldsmyth , the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and Goldsmyth or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:
Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by Goldsmyth.;
For Cash on Delivery payments, You will be provided with a refund cheque.
If the product can be repaired by the service center, Goldsmyth would get the same repaired and send it back to You.
A promo code, once used shall not be refunded in case of cancellation of order either by customer or Goldsmyth
OFFER TERMS & CONDITIONS
FIRST TO ORDER GETS IT FREE is valid only on select designs on jewelry which shall be identified with "New Arrival" label for a defined period from 28th, March 2021,10.00AM till 29th, March,10.00AM
Applicable for one jewelry/product. if you place the order first by purchasing multiple pieces of jewelry at the same time then the product with the lowest price will be offered free.
Only pre-paid orders are eligible to avail “FIRST TO ORDER GETS IT FREE” offer.
Order placed within that period is not eligible for cancellation, Exchange, Refund or Returns
Prize/ giveaway/gift within that period is not eligible for cancellation, Exchange, Refund, or Returns
Goldsmyth may change (add to, delete, or amend) these terms from time to time.
All disputes, with respect to the products and services offered in this connection, are subject to Chennai jurisdiction.
INDEMINIFICATION AND LIMITATION OF LIABLITY
You agree to indemnify, defend and hold harmless Goldsmyth from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Goldsmyth that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
In no event shall Goldsmyth, its officers, directors, employees, or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Goldsmyth has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Goldsmyth entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.
Goldsmyth shall not assume any liability for the non-availability of the product, delivery of the product
These Terms & Conditions and the relationship between You and Goldsmyth shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Goldsmyth shall be subject to the exclusive jurisdiction of the courts CHENNAI and You hereby accede to and accept the jurisdiction of such courts.
Force Majeure. Goldsmyth will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Goldsmyth may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Goldsmyth] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Goldsmyth to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Chennai, Tamilnadu. This Agreement will be governed by the laws of the State of Tamilnadu without regard to its conflict of law principles to the contrary. Neither you nor Goldsmyth will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Tamilnadu By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Goldsmyth reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Goldsmyth may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Goldsmyth reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Goldsmyth chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Goldsmyth makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Goldsmyth may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Disputes arising out of this Agreements shall be referred to the Sole Arbitrator, who shall be appointed by Goldsmyth. The citus of the Arbitrator Tribunal shall be in Chennai and proceedings shall be conducted in English and as per Indian Arbitration and Conciliation Act, 1996.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.