Terms & Conditions

Introduction

www.caratcrush.in (the “Site” or “Website”) is owned and operated by Diamantina Fine Jewels LLP (“We”, “Us”, “Our” or “Diamantina Fine Jewels”). Carat Crush provides you (the “Customer” or the “Buyer”) with an assortment of gold and silver diamond jewellery, which can be purchased at the price mentioned on the website. Use of all the information, tools and services, made available deems you consent to the Terms and Conditions.

All rights, including copyrights, are owned by Diamantina Fine Jewels LLP. Any use of the content (images, videos or text) is strictly prohibited, without permission or consent from Diamantina Fine Jewels LLP.

Eligibility

Use of/purchase from/contract this website, is prohibited to those persons who are “incompetent to contract” within the meaning of the Indian Contract Act 1872- this includes minors, un- discharged insolvents etc. Minors i.e. any persons under the age of 18 shall not register to be a member of our Site. If you are a minor and wish to make a purchase or sell an item on the Site, it shall be done by your legal guardian or parents who are registered with the Site. Should we be made aware of the use and access to our Site by a minor, we reserve the right to terminate your membership or deny access to our Site. Those who choose to access this website from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.

Carat Crush Account

In using this Site, it is considered that you present yourself to be of legal age to form a binding contract, and not a person who is barred from receiving services under the laws applicable in India. You also agree to provide information that is true, accurate and current as prompted by the Site’s registration form. Should the information provided be, or suspect to be untrue, inaccurate, not current or incomplete, we reserve the right to suspend and terminate your account and deny any and all access to all, current and future, use of the Site. When using the Site, you are solely responsible for maintaining confidentiality of your account and password, including when being used by family members, friends or relatives- whether an adult or minor. We strongly recommend signing out from your account at the end of every session, as we shall not be held accountable for any disputes that may arise out of any misuse of your account- whether by any family member, friend, relative or any other third party. You further agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts or remove or edit content in our sole discretion. Access to and use of password protected and secure areas of this Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Information You Submit

The information you submit is any information that is provided to us through the Site, including information given in the registration and purchasing process, inquiries, feedback or through any email feature. In use of this Site, you agree that you are solely responsible for the information that you submit.

Unless indicated otherwise, if you submit any information to this Site you grant an authorized, unrestricted, non-exclusive, royalty-free right to use, reproduce, edit, publish and display such material in any media now known or not currently known. All information submitted by you will be used only in accordance with the Terms and Conditions and our Privacy Policy.

Conduct on the Website

In case of non-compliance with the terms and conditions, we have inserted the following rules that are in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. The Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Colour, Size and Weight

We make reasonable effort to display our products as accurately as possible. However, we cannot guarantee the accuracy of colour, texture or detail due to the varying screen display capabilities of your device. Dimensions displayed on the Site are provided in centimeters. In our attempt to provide you with measurements that are accurate, errors may occur as each product is unique. Minor variations may occur in gold and diamond weight on a product-to-product basis as each product is handcrafted. When sizing a ring, we make every effort to ensure a perfect fit as ring sizing may sometimes be a challenge due to its varying structural design and thickness.

Prices

Prices throughout this Site are quoted in Indian Rupees (INR). We strive to provide you with the best products and the best possible prices. The prices of our jewellery products are subject to change, owing to the fluctuations in prices of precious metals and gems. Any changes in prices shall be determined at our sole discretion. Prices stated on the Site exclude IGST/SGST/GST.

While we make every effort to price our products correctly, we reserve the right to refuse sale of that merchandise. Should a pricing error be discovered after sale and payment for the merchandise, Carat Crush reserves the right to cancel the sale and refund the transaction in full. If a product offered is not as described, you may return it to Carat Crush in unused condition, subject to our Return and Refund Policy.

Links

This Site may provide links to external websites or resources. These links are provided for your convenience or because we think they may be of interest to you. We do not have control over these websites or resources and therefore, will not be held responsible or liable for any of the content present. You further agree to acknowledge that you are solely responsible for any loss or damage, cause or alleged, through these external links.

Disclaimer of warranties

All products, services and information are provided “as is” or “as available”. We disclaim all representations and warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, title, non- infringement, security or accuracy.

We do not warrant that this Site, its servers, or email sent from Carat Crush are free of viruses or any other harmful components. We will not be liable for any damages that may arise from the use of this Site, including, without limitation, any direct, indirect, incidental, punitive or consequential damages.

You hereby acknowledge agreeing that your access to all use of this website is at your own risk. The user is responsible to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site or obtained from any linked Site.

Disclaimer of liabilities

Diamantina Fine Jewels LLP and its subsidiaries, affiliates, officers, employers, agents, shareholders and licensors shall not be held responsible for and disclaims all liability of any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, resulting from use of the Site, sale and supply of merchandise, content or any related/ unrelated services and other services offered on the Site.

Indemnity

You agree to the fullest extent to indemnify and hold harmless Diamantina Fine Jewels LLP, and its affiliates, shareholders, subsidiaries, their respective officers, directors, agents and employees from and against any and all claims, or demands or actions, including reasonable attorney and court fees, that may arise out of use of this Site, or your violation of these Terms and Conditions, or any law, rules and regulations, or the rights of a third party.

Trademarks & Copyrights

All trademarks, logos, and service marks displayed on the Site are reserved by Diamantina Fine Jewels LLP and/or by the respective persons; protected by Indian copyright laws. Access of this Site shall not be construed as granting, by implication or otherwise, authority or license or right to use any name, logo or mark displayed, except otherwise described herein. All information and content, including but to limited to text, design, graphics, interfaces and code is protected by copyright as a collective work under the applicable copyright laws. You may download or copy the contents on this Site for personal use only. Except when otherwise stated under copyright law, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing or using any content available on or through the Site, is strictly prohibited for commercial or public purposes.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except when stated otherwise, all persons (including their names and images), third part trademarks and images of their products, services and /or locations featured on this Site are in no way in association, link or affiliated with Diamantina Fine Jewels LLP. All trademarks and/or names featured on this Site are owned by the respective owners.

Arbitration

Should any dispute arise between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of the arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.