Terms & Conditions

1. INTRODUCTION

These Terms and Conditions apply to your use of this website at www.monaarchdiamondsandgems.com You agree to accept and be bound by these terms and conditions by accessing the website and/or placing an order of purchase of jewellery. Regardless of whether or not you choose to register with us or place an order with us, you confirm your acceptance of these terms and conditions upon use of the website. "Jewellery" means the jewellery that is predesigned 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.

This document constitutes an "electronic record" under the provisions of the Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. YOUR OBLIGATIONS

In these Terms and Conditions, and in the context of a registered user or where the context so requires, the term 'You' shall mean any natural or legal person who has agreed to become a member of the website by providing Registration Data while registering on the Website using the computer systems of the Website; has accepted the terms and conditions contained in this electronic record and has allocated himself a unique identification user name or "User ID" and "Password".

You accept that the website and/or its’ owners have the right to amend these terms and conditions at any time without prior notice to you and consequently you agree to review these terms and conditions periodically and/or prior to each online purchase of jewellery. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website which will override these terms and conditions to that extent only. In that event, the other terms and conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should not continue to use the website.

You agree that in no event shall the website or its’ owning company or any of its’ directors/owners/agents be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of the website, whether based on contract or strict liability or any other law or otherwise.

3. REGISTRATION & OTHER OBLIGATIONS

As a new Registered User, these Terms and Conditions shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in filling your registration data and clicking on the ‘continue’ button as provided on the registration page. If you do not accept these terms and conditions, do not fill up your registration data or click "continue" on the Registration page.

You recognize that your Registered Data is for the purpose of processing your online purchase order and for providing ancillary services or products that may be offered by Monaarch from time to time. You authorize Monaarch to retain such data and to transmit the data to its various outlets/offices or to parties (whoever is/are contracted with Monaarch which provide such services or products, in whichever country they may be located. You acknowledge that the website and/or its chosen partners may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes.

You agree to provide accurate, true and complete updated information of yourself as requested for by Monaarch at the time of registration and/or from time to time. Should you provide any data or information which Monaarch has reason to believe to be false, inaccurate or incomplete Monaarch shall have the right to terminate or suspend your account/membership and deny you access to the website.

In using the website, you agree that you will not:

Omit, delete, forge or misrepresent information.

Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;

Engage in any activities intended to withhold or cloak identity or contact information;

Send harassing and/or threatening messages to the website

Post excessive responses to interactive features or functions of this Site or

Engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the website’s email address)

You agree that you are responsible for your own communication and that you will not post, disseminate or transmit any content that:

Infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party material which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;

You do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or Contains personally identifiable information belonging to minors.

Posts, disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website;

Attempt to penetrate security measures of the web site, service or obtain or bypass others passwords;

4. ELIGIBILITY

You shall use the website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. If you are a minor and if you wish to purchase jewellery through the Website, you may do so through your legal guardian or parents who have registered themselves as Registered Users of the website. The website reserves the right to terminate your membership without assigning any reasons.

5. YOUR ONLINE ORDER/PAYMENT

You accept that upon ordering “jewellery” online from this website you are deemed to have placed an order with www.monaarchdiamondsandgems.com for purchase of the specified jewellery. You recognize that you can purchase jewellery through the website only through your membership/guest account and all online payments will be accepted only through valid and authorized credit/debit cards/net banking or any other mode as specified on the website. The website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit/charge/debit card ("Card") details and telephone numbers and ensure 100% safety in the online transactions you make on the website.

During the process of purchase on the website, you will be appropriately guided through various stages from choosing your Jewellery till confirmation of your payment. Prices displayed in relation to each piece of jewellery on the website is inclusive of all applicable taxes at the current rates ( unless otherwise specified ) and is correct at the time of entering the information into the system.

The website reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. The website shall not be liable to you or any third party by reason of it withdrawing any jewellery from the website whether or not that jewellery has been sold.

6. DELIVERY

Once you have made a valid online purchase of jewellery from the website and upon receipt of the payment in relation to product price and location wise delivery charges ( if applicable ), The website will thereafter transmit a confirmation email to your registered email address informing you of the scheduled date of delivery of your jewellery.

The website will deliver your purchased jewellery to your place. The product shall be delivered within the time specified on our website for selected product.You will At the time of placing the order, the customer shall state the full name of the recipient as stated in his / her (receipient’s) 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

• Adhar Card
• Voters Identification card
• Passport.

• Passport size photo

The website will make every effort to carry out deliveries on the given date. The delivery date given to you is an estimate given in good faith. If the website finds subsequently that the estimate is inaccurate, the website will endeavor to inform you using the registered contact numbers and/or email address from your registered data.

If your purchased jewellery remains undelivered for more than one week, either due to your/recipient’s unavailability or any other reason not attributable to Monaarch reserves the right to claim charges including levies incurred by Monaarch prior to delivery/re-delivery of the product.

All purchases of jewellery by you from the website are made pursuant to a shipment contract. You agree that the title to such purchased goods shall pass on to you once the goods are delivered by The website to the carrier for delivery to your doorstep. You agree that the carrier of the purchased goods to your premises shall be your agent.

7. JEWELLERY MEASUREMENTS & INSTRUCTIONS

All jewellery will be delivered in Monaarch Box fully insured till your doorstep. The container containing the jewellery delivered to you will be appropriately marked in accordance with the requirements of appropriate laws for the time being in force.

8. SHORT DELIVERY, DEFECTIVE GOODS OR DAMAGED GOODS

At the time of delivery, you should carry out a visual inspection of the jewellery before signing to declare that you have received your jewelley in good condition. To protect your interest, any claim made by you concerning short delivery and/or damaged and/or defective jewellery found on delivery, or concerning damaged or defective goods found at a later date, but not later than seven days from the date of delivery, must be notified to the customer care department of Monaarch by e-mail at monaarchdiamondsandgems@gmail.com or by phone on +91 9819 944 955. Monaarch does not accept any claims for damage caused by you at any time.

The website does not warrant to cover the effects of normal wear and tear, or damage caused by accident, movement, abuse or neglect of the purchased jewellery at your end.

9.MAINTENANCE OF JEWELLERY

Please contact us on Email ID monaarchdiamondsandgems@gmail.com or Customer Care No.

+91 9819 944 955 for post purchase maintenance of the jewellery purchased by you.

10. FORCE MAJEURE

No Party shall be deemed to be in default if performance of the obligations required by this terms and conditions is delayed or becomes impossible because of any act of God, war, fire, strike or other labour disturbances, technological or civil commotion or disruption, riots, epidemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of the Parties, beyond the control of the Parties and not being due to lack of funds or financing ("Force Majeure Events").

11. PRODUCT DESCRIPTION

Each piece of jewellery purchased by you online is sold subject to its Product Description. The website will take all reasonable care to ensure that all details, descriptions and prices of jewellery displayed on the Website are correct at the time when the relevant information was entered into the system. Although, the website is kept as up-to-date as possible, information including Product Description, appearing on the website at a particular time may not always reflect the position at the exact moment you place an order. 

The website reserves the right to withdraw any jewellery/offers from this Website at any time and/or remove or edit any materials/pages or content on the Website.

12. ELECTRONIC COMMUNICATION

You agree that your use of the website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with The website via electronic records and you consent to receive communication via electronic records from The website periodically or as and when required. You accept that communication by The website through courier, post or electronic means constitutes proper service of notice or electronic records.

13. INTELLECTUAL PROPERTY

The website is the exclusive proprietor of the trade mark www.monaarchdiamondsandgems.com as well as its stylized logo script of the letters having a unique colour combination (referred to as "the trade mark") as depicted on the website and in other material. The website has registered the trade mark under the Trade Marks Act, 1999 in various classes. The website also has the exclusive copyright in the designs in the jewellery sold by it. Any person illegally or unauthorized using the trademark or any other mark which may be deceptively similar to the trade mark or any other intellectual property owned by it shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the Competent Courts.

The website is the exclusive proprietor/owner of the copyright in the design, layout, content and software of the website and all printed material including, but not limited to, brochures, fliers, etc and any infringement and/or unauthorized use thereof will be vigorously dealt with in accordance with the law.

14. DISCLAIMER

The information contained in the website is only for your general information about The website. It does not constitute advice and you should not rely upon such information for making/ refraining from and/or making any decision.

The website hereby excludes any warranty, either express or implied, as to the correctness, completeness, timeliness, accuracy, fitness for a particular purpose of the website or any of its contents.

By accessing the website, you agree that The website will not be liable for any direct/indirect or consequential loss, damages or compensation arising from the use of the information and material contained in the website or from your access of other material on the internet via web links for this website.

15. DISPUTE RESOLUTION

Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by you through the website shall be submitted to sole arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by the website. The award of the arbitrator shall be final and binding on you as a decree of a court of law. The jurisdiction and venue for arbitration shall be at Mumbai only. As per the current guidelines mandated by the Government of India, a customer has to provide the Permanent Account Number (PAN) for all purchases above INR 2 lakh.

16. SEVERANCE

If any clause (or part of a clause) of this agreement is found by any Court or Authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.

17. JURISDICTION

By accessing this website, you agree that only the Courts in Mumbai shall have the jurisdiction to entertain any suit or other proceedings by or against