Terms & Conditions
Definitions
“Agreement” shall mean the terms and conditions as detailed herein including those incorporated by reference and including all schedules, appendices, annexures, Privacy Policy , and will include the references to this Agreement as amended, novated, 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) on the Seller at 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, 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 – , 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.esma.com owned by the Seller whose website is also identifiable by its URL www.esma.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.
Transaction security
When you (the Customer) visits/accesses the Website or sends 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.
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).
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.
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.
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 trademark, 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-transferable 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
(a) linking to this Website and its web page(s) without prior written consent of the Seller and/or
(b) Framing this Website and its web page(s) with links, advertisements and/or other information not originating from this Website.
(c) 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 mentioned delivery timeline of the product on the website that is indicative and is based on the best-effort basis of the Seller and several other third party players. While the Seller shall strive hard to deliver the product within the mentioned timeline, the Seller does not take responsibility for any delay in the same and shall not be liable for any compensation (monetary or otherwise) to the Customer in any case.
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 subcontractors) 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 Seller’s liability arose.
General
The Customer agrees that any feedback, comments, ideas, suggestions, information, or any other content which Customer contributes to the Seller or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Seller to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content–without additional approval or consideration–in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The Customer represents and warrants that he owns or otherwise controls all of the rights to the content that he may contribute to this Website and that use of his content by the Seller will not infringe upon or violate the rights of any third party.
If due to force majeure or any contingency beyond its control, the performance of obligations of the Seller is prevented, delayed, restricted or interfered with, there shall be no liability for non-performance. Such contingencies shall include (being by way of example but not limitation) fire, explosion, lightning, flood, subsidence, earthquake, natural calamities, epidemic, act of god, war, insurrection or civil disorder, riots, acts of terrorism, armed conflict, blockade, sanctions, war or military operations, national or local emergency, action of any municipal authority/ utility provider, governmental order or regulation, acts or omissions of government, strikes or other concerted acts of workers, industrial disputes of any kind, or any other act or event whether dissimilar or similar outside Seller’s control . The obligation to perform shall arise again, immediately upon the termination or moderation of the contingency, so that performance is no longer prevented, restricted or interfered with. Any suspension of performance shall be effective from the date the contingencies giving rise to it, first arose or accrued. If there is any suspension of performance by reason of this Clause herein above, the Parties shall endeavour to find alternative means of remedying the same. If it cannot be remedied within ninety (90) days, then either Party may give written notice to terminate this Agreement.
The Customer covenants with the Seller that the Customer shall at all times comply with and fulfil all the requirements of this Agreement. Without prejudice to and in addition to any other remedies, reliefs or legal resources available to the Seller whether under this Agreement or otherwise, the Customer shall indemnify and hold harmless the Seller and its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns, at all times, from, against and 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 whenever arising, which the Seller and/or its affiliates, their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns, may endure, suffer or incur in connection with, consequent to, relatable to or attributable to or arising directly or indirectly from any one or more of the following : (a) Customer’s use of this Website, or (b) any breach, default, contravention, non-observance, non-performance by Customer of any of the representations, warranties, covenants, undertakings, promises, declarations and obligations of the Customer contained in this Agreement or any of the terms and conditions set forth in this Agreement, or (c) any representations, warranties, confirmations or declarations made by the Customer under this Agreement are found to be untrue, partly true or misleading or (d) any demur, delay, default or failure on the part of the Customer to forthwith make payment for the Product(s) in accordance with the provisions of this Agreement or (e) any reversal or withholding of payment by the Customer or by any other person or entity under Customer’s instructions.
That for all intents and purposes singular includes plural and masculine gender includes the feminine gender. This Agreement is written in English and the official language of this Agreement and all correspondence concerning it shall be in English.
The Seller offers Designer Products from third-party Designers on its website. All the Designer Products are the exclusive property of the respective third-party Designers. The sole responsibility of ensuring non-violation of third-party intellectual property rights for the designs offered by the Designer rests on the Designer itself and the Seller, Transforming Retail Private Limited, shall not be responsible for any breach or violation of any such intellectual property rights.
You can avail different offers running on the website from time to time. However, please note that no two offers can be clubbed together in any case.
Weights mentioned in the product description are approximate weights and may vary during the manufacturing process. In cases of weight variation, the final selling price would be adjusted accordingly and informed to the customer.
Severability
The Parties hereto 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.
