1. This website www.zinarya.com (‘Website’) is owned and operated by Indoro Designs having its Office at 165 A Balaji Bhavan, Railway Lines, Solapur, India 413003 (’We’ or ‘Us’ or ‘Our’ or ‘Ours’).
2. These terms and conditions (‘Terms of Sales’) shall be sole terms and conditions for purchase of various jewelry items (collectively or singularly ‘Products’) by you (‘You’ or ‘Yours’) from Us through this Website.
3. It is Your responsibility to read and understand Terms of Sales (including revisions from time to time therein) before You place order for purchase of Products through this Website. We reserve right to modify Terms of Sales at any time and You need to check latest version of Terms of Sale before You place order for Purchase of Products. If You do not agree with Terms of Sales, You should not purchase Products through the Website. By placing order for purchase of Products through this website, You confirm that You are above age of 18 years and also, You are competent to enter into legal contract. You need to access the Website and place order for purchase of Products from India only.
5. All Products and information displayed on the Website constitute an invitation to offer. Your order for purchase of Products constitutes Your offer, which shall be subject to Terms of Sales as listed herein and also Our acceptance. Your offer to purchase Products shall be treated as accepted by Us. Only order confirmation message shall be sent to You to Your registered email Id and/or mobile number.
6. You can Purchase various Products through this Website through and by logging into Your Registered Account with Us. You need to Purchase Products in accordance with steps directed to You on the Website.
7. By placing order for purchase of Products, it is assumed that You have placed the order for purchase of Products only for Your personal use. Commercial use of Products and/or resale of Products to any person is strictly prohibited. We reserve the right, at Our sole discretion, not to sell any Product to any one as it deems fit.
8. All Products will be sold on the concept ‘make to order’. On receipt of order from You, Products will be prepared. Normal delivery period is approximately 15 to 20 business days from date of receipt of 100% payment. We reserve the right to limit the quantity of Products or to divide up the order. We will inform You if We are unable to dispatch Your order. A tentative delivery time will be given along with the formal order confirmation to Your Registered email Id and/or mobile number. The exact delivery date shall be provided as soon as Your order is ready for dispatch. Alternatively, You could go to Your “Order Status” section and determine the status of Your order using Your respective tracking number.
9. Order confirmation and rejection intimation will be given to Your registered email Id and/or mobile number.
10. Dispatch of all Products ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Us and the balance would continue to be on offer to Us.
11. Prices of the Products on the Website are subject to change without notice to You, and can vary from time to time, depending on the price of raw materials at the time of production. Gold, Silver and precious stones are commodities, and prices of such commodities change on the basis of its demand and supply, situations which are beyond Our control.
12. Prices of the Products on the Website are quoted in INR and Payment can only be accepted in INR.
13. We accept payment only through Credit Cards or Debit Cards or net banking or RTGS/NEFT or mobile wallets. In case of credit or debit card, we accept payment through popular credit and debit cards including Visa, MasterCard and American Express. In case of net banking, we accept payment through certain banks whose names are listed on the Website and you will observe the same at the time of making payment. If you wish to make payment by way of RTGS/NEFT, you need to follow steps mentioned on the Website at the time of making payment of order Product. All payments on Website are securely processed. You agree, understand and confirm that the credit card / debit card details provided by You for purchasing Products through the Website shall be correct and accurate and while making payment You shall use the credit card / debit card which is lawfully owned by You.
14. We will take all reasonable efforts to keep, confidential, the information provided by You at the time of placing order for purchase of Products, unless required to be disclosed to the government authorities for fraud investigations or by law, regulation or court order.
15. We will not be liable for any credit card / debit cards fraud. The liability for use of a credit/debit card fraudulently will be on You and the responsibility to ‘prove otherwise’ shall be exclusively on You. For wrong deduction of money from Your Credit Card or Debit Card, You need to raise Your dispute with payment gateway service provider and details of whom will be provided to You on request.
16. We have made every effort to display as accurately as possible the design, colors, and details of Products that appear on the Website; however there is possibility of certain variation in design, color and details of Product when You receive the delivery of Product.
17. Packaging of the Product may vary from the packaging of the Product displayed on the Website.
You have to make full payment for your purchase at the time of placing order. Notwithstanding anything contained in this Terms of Sale, We will accept Your Order and Products ordered will not be manufactured unless 100% payment of order value is received by Us.
18. Cancellation of Order by You: You may cancel Your Order before shipping confirmation message is sent to You to Your registered email Id and/or mobile number. You can cancel Your Order by logging into Your Registered Account. If delivery confirmation message is sent to You to Your registered email Id and/or mobile number then Website will not allow You to cancel Your Order. Consequences: In the event You cancel Your Order as mentioned hereinabove, We will issue credit note to you of full amount paid by You. If You cancel the Order, You will have no other remedy than getting credit note as mentioned above from Us, and such credit note needs to be utilized within a year. 19. Cancellation of Order by Us: We can cancel Your Order without any reason including the following situations: a) Information provided by You (including Your name, address, pin code, email id, mobile number etc.) is untrue, inaccurate, incomplete, or if We have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete; b) Product ordered by You is not available for dispatch to You; c) We have not received full payment of Products ordered by You; and d) You placed the order for quantity, which is not acceptable to Us. Consequences of Order cancelled by Us: In the event, order for Products is cancelled by Us, We will issue a Credit Note for amount paid by You to Us. 20. Force Majeure Events: In the event of Force Majeure events, Your order processing, manufacturing and / or shipment may be delayed than standard time. Force Majeure event shall include flood, earthquake, cyclone, any act of god, terrorist attacks, war, riots, civil commotion, strikes of labours, lockouts, non availability of labours, non availability of raw materials or any event or situation which is beyond Our control. Delay period could vary from case to case basis depending upon Force Majeure event. In force majeure events, if You choose to cancel Your Order, We will issue credit note to You for the amount of payment made by You to Us.
21. Returns of the Products:
A] The following three situations are defined as ‘Reasonable Returns’: (i) if You receive Products in damaged condition; (ii) if You receive incorrect Products; and (iii) if Products have manufacturing defect.
(i) Products in damaged condition means the product is either deformed, broken or with missing elements. (ii) Incorrect Products means product that has not been ordered by You. (iii) Products have manufacturing defect means any defect introduced due to manufacturing activities such as printing, casting, polishing, finishing, etc.
B] All events other than Reasonable Returns are defined as “Discretionary Returns”.
C] Procedure for Return of Products:
i. In case of Reasonable Return or Discretionary Returns: You need to inform Us for return of the Product by logging into Your Registered Account with the Website, within 5 days of receiving the Product, failing which you shall not be eligible for returning products. Your request will be processed and We will send to Your Registered email Id and/or message to Your mobile number acknowledging your Return request and scheduled date of pick-up of Product to be returned by Our logistics service provider. ii. In case of a Reasonable Returns: Click a picture of the Product highlighting the damages / defects clearly through close up of affect area or any other highlighting or marking. Upload the pictures to the Website along with your Return request. iii. In case of Reasonable Return or Discretionary Returns: You have to return Products exactly in the same condition in which Products were received by You i.e. intact security tag on the product, unworn, un-modified, with original packaging, with Original invoice and other documents.
i. In case of a Reasonable Returns: After receipt of the returned Product, we will examine to determine whether it is indeed a case fit/eligible for Reasonable Return. If according to Our opinion, it is indeed a Reasonable Return, We will bear all expenses for return and replacement of Product or alternatively, with Your choice, issue Credit Note for full amount of Product paid by You. ii. In case of Discretionary Returns: After receipt of returned Product, we will examine the condition of returned Product and if according to Our opinion, returned Products are not damaged, all product security tags are intact and all documentation is received i.e. the returned product is in same condition as original shipment, We will issue credit note for full amount of Product paid by You. In case the returned product has been tampered with or worn or in anyway damaged or not in the same condition as original shipment, then additional charges proportional to the nature of the tampering shall be deducted from the amount paid by You and a credit note of the residual amount shall be issued. 22. Notwithstanding anything contained in this Terms of Sale, We will not return any money or payment made by You to Us. However, instead of returning the money or payment made by You to Us, subject to terms and conditions mentioned herein, We will issue credit note to You for eligible amount.
23. Use of Credit Note/Exchange of Product: You need to use Credit Note for purchase of other Products through the Website. If the amount of Products You wish to purchase is less then value of Your credit note then You can purchase such Products with credit note and for balance amount, You will get another credit note. If amount of Products You wish to purchase is more than value of Your credit note, then You can purchase such Product by paying differential amount.
You agree that if You fail or neglect to purchase Products within 12 months, all money in your credit note(s) shall stand forfeited and We shall not have any liability and responsibility to pay you any money.
24. Non-delivery of Products: Products may not get delivered to You, due to various reasons including: (i) on account of a wrong or incomplete or insufficient information is provided by You (including without limitation name or address or any other wrong information); (ii) due to refusal to take delivery of Products at the time of delivery; (iii) non availability of Yours to take delivery after two attempts of delivery; and (iv) for any other reasons. In the event of non-delivery of Products for any reasons due to reasons not attributable to Us or beyond Our control, We shall not be responsible or liable for any and all loss/damage to You in connection with or arising out of such order of Products. In the event of non-delivery of Products, Products will be returned back to Us and You shall be communicated about the same to Your registered email address and/or mobile number. If You would like to receive the Product after it has been received by Us, You will have to send a “Delivery Request” by logging into Your Registered Account with the Website. After receipt of Product by Us, You shall be required to bear any additional shipping charges in case you request another delivery. The charges will be communicated to you prior to shipping. 25. The Product(s) are delivered to You through logistics service provider who is a third Party. We do not have any control over behavior of persons of logistics service provider. We are not responsible for any actions or omissions by persons of logistics service provider except delivery or non-delivery of Products.
26. You agree to indemnify, defend and hold harmless Us from and against any and all losses, liabilities, claims, damages, 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:(i) any breach of terms and conditions Terms of Sales; and (ii) wrong, incorrect or insufficient information provided by You.
27. Notwithstanding anything contained in Terms of Sales and to the extent permissible under law: (i) We shall not be responsible and/or liable for any loss/damage/costs to You; and (ii) Our maximum aggregate liability in connection with or arising out of Your usage to this Website and/or purchase of Products by using/through this Website is nil.
28. Any dispute (‘Dispute’) in connection with or arising out of Your usage to this Website or purchase of Products by using/through this Website shall be exclusively governed by laws of India and the Courts at Pune shall have exclusive jurisdiction to settle Dispute.