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TERMS OF SERVICE

 

1. GENERAL

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of www.rcdiamonds.com

 

The domain name www.rcdiamonds.com (hereinafter referred to as "Website") is owned by RC Diamonds, a sole proprietorship, having registered address at 332, Iscon Mall, Near Big Bazar , 150 ft ring road, Rajkot -360005.

 

The use of this website by You is solely governed by these terms  and any policy so mentioned herein. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with Us and have undertaken binding obligations with RC Diamonds.

 

For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The site also providing its services without registration does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean www.rcdiamonds.com and RC Diamonds.

 

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Policies, inter alia Privacy Policy of RC Diamonds, which would be amended from time to time.

 

 RC Diamonds is engaged in providing an online portal for sale of high quality diamond jewellery anywhere in India.. We believe in offering you handpicked quality diamonds that are a hallmark of true fineness, quality and brilliance. The Diamonds are from the legitimate source and are conflict free 100%.

 

2. MEMBERSHIP

The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia includes insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the services offered on this website, you may do so through your legal guardian and RC Diamonds reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site. 

 Users will have the option to register on the website and become members to transact or make purchases on the website. Users will also have the option to use services provided on the website as guests, without registering on the website.

To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password. Registration is a onetime process and if the Member has previously registered, he shall login / sign into his / her account using his/her user name and password. You will be required to provide us with your name and other details, including but not limited to, e-mail, contact number, contact address and customer verification question, which will be used for verification purposes.

All registration information you provide is deemed to be accurate and Your registration is solely for your own use. Any use of this Website or its content other than for personal purposes is prohibited.

 

3. COMMUNICATIONS

By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes contacting you through information received through other parties.  The use of this website is also your consent to receive SMSs from Us at any time we deem fit.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly intimate us of the same via an email at [email protected].

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

 

4. CHARGES

The membership of this website is free of cost and this includes the browsing of the site which includes access to the designs, prices and availability of Diamond, Gemstone Jewellery, Real Kundan and Gold Jewellery.

 

However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site.

 

5. REFUND, EXCHANGE AND CANCELLATION

All our products are customized as per the customer’s need and to facilitate the same we offer the following policy on Cancellation, Exchange, Return and Refund policy.

a)      Cancellation

After placing a confirmed order, a user may cancel such order within twenty four (24) hours. Cancellation is only possible within this time. After twenty four (24) hours, the order is considered final and no money shall be refunded. After twenty four (24) hours, there shall be no refunds and the customer can select a different design within 30 days. The product will be shipped within 15 days of order confirmation of revised design.

 

b)      Exchange

We offer exchange for under certain circumstances:

                               i.            In the event that a wrong order has been delivered to the user, then We will exchange the product upon safe receipt of the wrong order. The User must return the product to be exchanged without any alteration or damage. Users will not be charged for additional labour or shipping. However, if there is any damage, the user shall be liable to bear the complete cost of both wrongly delivered and originally ordered product.
                             ii.            We will also exchange the product if the size is not as per the user’s order. We will resize the product and not charge the user for labour cost and shipping. However, the user shall bear costs of additional material, including but not limited to gold and diamonds.
                          iii.            Returning the product: A user must inform us that he/she wishes to exchange the product by sending an email to [email protected] within three (3) days after receiving the product. We will then arrange a pick up and the User shall only hand-over the product to the person authorized by us to collect the product. Once we receive the product, our Quality Assurance department will review the returned product. Any items that show signs of wear or have been altered, resized (by a jeweller other than Us), or damaged in any manner shall not be accepted for rectification or exchange. The User must also send the certificate of the jewellery while returning the jewellery to Us.

c)      Refund

  1. We will only process a refund in cases where the order has been cancelled in accordance with our Cancellation Policy. There are no cancellation charges and the entire amount paid by the user will be refunded within thirty (30) days. The user shall not be entitled to any interest on such amount.
  2. We will also refund any amount paid by a user within thirty (30) if the solitaire diamond selected by the user is unavailable.  We will only process refunds in these events and in no other cases.

 

6. DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law:

a)     The website, services provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, or fitness for a particular purpose. Without limiting the foregoing, We make no warranty that:

                                                                      i.     Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
                           ii.     Materials, information and results obtained will be effective, accurate or reliable;
                             iii.     Any errors or defects in the website, services or other materials will be corrected.

 

b)  You understand that the prices of precious stones such as diamonds vary, depending on the category, seller, reputation of seller, design of the jewellery, demand and supply, etc. Due to such reasons, the prices displayed on the Website may be substantially different (higher or lower) from the prices in the retail markets.Therefore, all pricing information available on the Website must be used only as a general guideline for the prices of diamonds and other precious stones. While we endeavour to ensure that the diamond pricing information is as accurate as possible, such information does not provide an estimate or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis and no guarantee is made expressly or impliedly and no liability is assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.

c)        At times, the data may not be accurate or complete due to system errors. We reserve the right to correct any and all errors when they do occur and We do not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice.

d)       Users shall be billed at the the prevailing price on the day the order is completed. The prices of the products listed on the Website are fixed and not negotiable.

e)       Our pricing is calculated using current precious metal and gem prices to give you the best possible value. You understand that these prices change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices may also change.

f)         In case of resizing, if the size stated by You  is erroneous, then  You will pay for any extra material making charges. If the product is not as per the design chosen by the customer in the website, please place a request for exchange in accordance with our Returns and Exchange Policy. We will not process any refunds in such cases. 

g)       To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.

h)      You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

i)         We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.

 

7. PAYMENT OPTIONS

Payments shall be made in advance. Online payments, Net banking, Cheque, Demand Draft, RTGS. The Members shall also provide any other mandatory information required under law (like Personal Account Number (PAN) at the time of purchase.

All orders are considered complete only after the payment has been received by Us.

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

We will order the solitaire diamond only after receiving the money into their account. In the event the diamond becomes unavailable after the payment is made and the Member does not select an alternate diamond, the money shall be refunded to the Member. The money will be refunded within fifteen (15) working days from the day of confirming the order. The mode of payment back to customer will be decided by Us.

 

8. PROMOTIONAL CODES, COUPONS AND DISCOUNTS

In case the user makes use of any coupons, discounts or promotional codes, We reserve the right to refuse the usage of any promo code at any point of time. Promotional codes can be used only on specific orders as deemed fit by Us for that time frame. Such promotional codes cannot be clubbed with any other special offer running on the site and any promotional codes or coupons which have expired cannot be used on the Website.

 

9. SHIPPING AND DELIVERY PERIOD

a)       Free shipping is provided within India.  The usual delivery time is fifteen (15) days after the confirmation of order and on payment being made. After creating an order, the Member can change the shipping address only till the point when the product is actually shipped. All Products are insured till they are delivered to customer. We do not offer any money back policy.

b)       The Member has to specify the address and details of the person who will collect the shipment at the time of purchase. At the time of placing the order, the Member has to state full name of the recipient as stated in his / her government approved photo identification. At the point of delivery the recipient, to collect the physical product, will have to provide any government approved photo identification card. In case the Member 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 only.

 

10. DUTIES, OCTROI, VAT AND TAXES

Any type of charges other than shipping will be paid by the consumer as per the destination to which it is been shipped on request by the consumer.

 

11. THIRD PARTY INFORMATION

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service.

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

 

12.  USER OBLIGATIONS

You are a restricted user of this website.

a)       You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

b)       You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.

c)         In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

                          i.            Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
                        ii.            Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
                     iii.            Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
                      iv.            Publish, post, disseminate, any information which is grossly harmful, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging,  or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
                         v.            Post any file that infringes the copyright, patent or trademark of other legal entities;
                      vi.            Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
                    vii.            Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
                 viii.            Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
                      ix.            Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
                         x.            Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
                      xi.            Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
                    xii.            Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
                 xiii.            Violate any applicable laws or regulations for the time being in force within or outside India;
                  xiv.            Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
                     xv.            Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
                  xvi.            Publish, post, disseminate information that is false, inaccurate or misleading;
                xvii.            Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
             xviii.            Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
                  xix.            You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, services related to that being displayed on the Website or related to us.
                     xx.            You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website.
                  xxi.            It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

 In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE AGENTS AND EMPLOYEES 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 US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

 

IN NO EVENT SHALL RC DIAMONDS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS BE LIABLE TO YOU, 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 WE HAVE 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 USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

 

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

14. HOSTING OF THIRD PARTY INFORMATION

The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

 

15. GIFT PACKAGING
On demand, we can gift wrap the product for you. In case your purchase is intended as a gift, we offer free gift packing, along with a gift message of your choice. Your gift will be delivered in distinctive RC Diamonds gift packing. So whether you order a gift to give to your loved ones personally, or want us to deliver it, the recipient is sure to be impressed.

To send a free gift message with your gift, look for the Gift message text box in the shopping bag/cart page. Your personal message will be printed on a distinctive card and delivered along with the gift.

16. COMPLIANCE WITH LAWS

All users shall comply with all the applicable laws (including without limitation to Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, and the rules made thereunder.

 

17. CONFLICT FREE DIAMOND POLICY

We recognize the great harm caused by conflict diamond mining / trading. We will not purchase, sell, contact subscribers, customers or suppliers who purchase or trade in diamonds which were used to fund conflict or traded in any way in violation of any United Nations resolution or the Kimberly Process.

18. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

a)     Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, We reserve the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

b)     Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Rajkot , Gujarat,  India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

c)      Jurisdiction.If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Rajkot, Gujarat.

 

19. CONTACT US

If you have any questions about this Agreement, the practices of RC DIAMONDS, or your experience with the Service, you can e-mail us at  [email protected]