TERMS & CONDITIONS

The entity "SHINEZ" referred to as "SHINEZ" or "baxijewellers.com" or "Seller" hereinafter and meaning the same unless specifically mentioned otherwise, sells and provides its product(s) and services subject to the following Agreement (defined hereinafter). By accessing the Website www.baxijewellers.com, you (the Customer) acknowledge, declare, confirm and represent & warrant to the Seller that you have read and understood this Agreement and accept this Agreement and its terms & conditions and provisions as the legal equivalent of a signed, written contract, binding on you (the Customer) and you (the Customer) agree to be bound by this Agreement. This Agreement is effective immediately upon your accessing, viewing, or using this Website. SHINEZ reserves the right to change this Agreement or any of its terms & conditions and provisions at any time, effective immediately upon posting on this Website.

Definitions

"Agreement" shall mean the terms and conditions as detailed herein including those incorporated by reference and including all schedules, appendices, annexure, Privacy Policy and will include the references to this Agreement as amended, notated, supplemented, varied or replaced/substituted from time to time

"Customer" shall mean you - the individual person who accesses this Website or wishes to place or who places an order for purchase of the Product(s) to the Seller on this Website.

"Seller" shall mean the company “SHINEZ” having its registered office at 5th Floor, Indraprasth Complex, Citylight, Surat-395007, India which is the seller of the Product(s) offered for sale on this Website.

"Consignment" shall mean each shipment of Products made by Seller in response to an 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 or platinum, diamond or gemstone jewellery which have been offered for sale by the Seller on this Website [this Website and Product(s) listed therein may be amended 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 coloured artistically etc. as per the description of each of item given in the Website.

"This Website" shall mean the website www.baxijewellers.com owned by the Seller which website is also identifiable by its URL www.baxijewellers.com which is an online shopping platform owned and operated by the Seller for sale of the Products.

"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 the Seller's Website.

This Website offers services for Members who wish to purchase diamonds / jewellery for personal consumption, inclusive of, customized and readymade Jewellery. The Website also offers services to sell diamonds for investment. The Website displays diamonds and gemstones 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 Members who rely 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. The Company shall not be liable for any legal action on this account.

Use of the Website

You shall not access this website in any legal jurisdiction that does not recognize or give effect to all provisions and terms & conditions of this Agreement. You 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 District Court of Surat at Surat 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.

Registration

• Users may register on the Website to become Members prior to the completion of any transaction on the Website. Guest checkout’s will be provided with a user account on completion of purchase.
• 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.
• Registration is only a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.

Transaction Security

• When you (the Customer) visits/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 for ensuring secure communication and for maintaining the confidentiality of his information details (including Credit card number and all other confidential information disclosed by him) and for restricting access to his computer, and the Customer agrees to accept responsibility for all activities that occur using his computer.
• The Seller shall not be liable for any hacking, interruption of communication etc which occurs in this link. The Customer specifically agrees that the Seller shall not be responsible for unauthorized access to or alteration of Customer's transmissions or data, any material or data sent or received or not sent or received. Further, 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 agrees that the Seller shall not be liable for disclosure of Customer's information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing the Customer agrees that the Seller shall not be held liable or responsible for 'phishing attacks' on 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.
• SHINEZ may not own any of the diamonds and other products listed on the Website. In such cases, SHINEZ 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 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, SHINEZ will contact the Customer and suggest an alternate diamond. In case the Customer chooses a new diamond, SHINEZ shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Customer shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, SHINEZ shall refund the excess amount to the Member in the manner specified below in this Terms of Use.
• SHINEZ retains the rights to cancel any purchase order made by the customer at any point of time as it may deem fit. If the payment has already been made, then the same shall be refunded to the customer. This included cases where the price displayed on the website is not the correct selling price according to SHINEZ.
• 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. 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.
• The Seller reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website or the information, materials, Product(s), and services described in this site at any time. Such modifications or changes shall be effective immediately when they are made.

Delivery

At the time of placing the order, the Customer shall state the full name of the recipient as stated in his / her (recipient) government approved photo identification. At the point of delivery the recipient shall collect the product, by furnishing any one of the following government approved photo identification card:

• Ration Card (should be issued in the name of the Member / recipient)
• Drivers License; Permanent Account Number (PAN) card;
• Voters Identification card; or
• Passport

To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.

In case the Customer wants any other person to receive the delivery on his behalf he / she needs to specify details of the same at the point of ordering. All items shall be delivered directly to such person and under any circumstances whatsoever, the Customer cannot change the recipient details after the order is processed.

Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed.

The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries

If the recipient is not available at the time of delivery, the Company / courier agent shall try and deliver the item twice before returning the same to SHINEZ. All costs for re-shipment and handling in the case of non-delivery to SHINEZ shall be chargeable to the Customer.

Guarantee for delivery made by the Company is subject to terms and conditions of the courier company. Any inconsistency / errors in name or address will result in non delivery of the product.

Gifting

To collect the physical product, the recipient will have to provide any one of the following government approved photo identification proof:

• Ration Card (should be issued in the name of the Member / recipient Drivers License);
• Permanent Account Number (PAN) card;
• Voters Identification card; or

As it is a mandatory requirement as per local laws, the price of the gift (notional amount) will be mentioned on the external cover of the package. In the event the Customer wishes to have a copy of the invoice, he / she can request to ship an additional copy of the invoice to the required address at the time of placing the order. Any applicable tax, including any gift tax, if any, shall be borne by the Customer. Insurance: Only transit insurance shall be provided by SHINEZ and it shall be valid only upto the time of acceptance of delivery.

Insurance

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

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). The term "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. 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 is unfair competition. The Seller prohibits the following
  • linking to this Website and its web page(s) without prior written consent of the Seller and/or
  • framing this Website and its web page(s) with links, advertisements and/or other information not originating from this Website.

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 provided "as is" without warranty of any kind whatsoever, including without all implied warranties and conditions of merchantability or fitness for a particular 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 any warranties and conditions whether express or implied about their accuracy, completeness, currentness, 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 endeavoured 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. The Seller is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. 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.

External Links

• This Website may at the Seller's sole discretion, contain links to sites owned and maintained by persons or entities other than the Seller. The Seller may also provide links to the other sites for purpose of enabling the Customer to make payment to the Seller. Any of the foregoing links do not constitute an endorsement by the Seller of any such sites and are provided only as a convenience. The Seller is not responsible for the content or links displayed on such sites. The Seller is not responsible for the privacy practices of such sites which Seller does not own, manage or control. The Seller does not regularly review, and makes no warranty or representation regarding materials posted, or products or services offered, on the sites to which this Website may be linked and Seller shall not be responsible for any deficiency thereof. The Seller does not endorse any or all of the materials, products, and services available on such linked sites, and the Seller expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the products and services offered at any linked site. Any decision to view the contents of any linked site is solely of the Customer and is made at Customer's own risk.

Severability

• The Parties here to agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.