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Birla Gold and Precious Metals Limited

 
 

Terms and Conditions

Please read these terms of use carefully before using website www.shagunn.in. If you do not agree to this Terms of Use you may not use this website. By using this website, you signify your agreement to this Term of use as well as the website's Privacy Policy (which is hereby incorporated by reference herein.). This Terms of use sets out the legally binding terms of the services available on the website as well as at the terms of use of this website. This Terms of Use along with the Privacy Policy extends to both users who visit the website but do not transact business on the website ("Users") as well as users who are registered and are authorized by the website to transact business on the website ("Users"). The Company reserves the right to modify or terminate any portion of the website or the services offered by the company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. Nothing in this Terms of Use should be construed to confer any rights to third party beneficiaries.
 
Definitions
"Jewellery" means the jewellery that is predesigned or jewellery sets with diamonds or gemstone that are available for sale on our website (www.shagunn.in). Please note that all jewellery is sold "as is" and do not allow the Users to make any changes on them.
 
"Mounts" are defined as designs which may or may not have diamonds that hold a gemstone / gemstones in place. Users can select Mounts and diamonds separately to create customized Jewellery.
 
 
Description of Services

1. This website provides access to pricing, news and other information services related to diamonds, precious gems and jewellery. Certain services available on this website are for the use of users only. Please note that some of the terms under these Terms of Use differ for purchases for personal consumption and investment purchases.

2. This website offers services for Users who wish to purchase diamonds for personal consumption and is inclusive of both, customized and readymade jewellery. The website does not offer services to sell loose diamonds for investment.

3. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item.
 
Registration

1. All Users will be required to register on the website www.shagunn.in and become Users prior to the completion of any transaction / purchase on the website.

2. 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.

3. Registration is only a one time process and if the User has previously registered, he shall login / sign in into his / her account. You will be required to provide us with your name and other details, including e-mail id, contact number, contact address (Shipping and Billing) which is Mandatory.
 
Order

Retail Purchase from website (www.shagunn.in)

Any User who wishes to purchase an item from the website can either:

 
1. add the selected product(s) directly to the shopping cart; or
 
2. customize the jewellery by adding the diamond(s) to a ring, pendant, earring or any other type of jewellery that is expressly stated as customizable on the website and then add it to the shopping cart; or

3. choose from the selection of jewellery available on the website and add it to the shopping cart; or
 
4. Only registered user can make purchases online. In the event of a User wishing to make the purchase, the User will be required to register with the website after adding the item to the shopping cart.
 
5. The Users shall also provide any other mandatory information required under law (like Permanent Account Number (PAN) at the time of purchase more than or equal to Rs. 50,000.
 
6. All orders are considered complete only after the payment has been received by www.shagunn.in

7. To confirm the orders, Shagunn Call center team may at random, call up the Users who have placed orders through the website and ask the Users for order verification and personal details. Shagunn team will confirm the order only after the verification is answered by the users.
 
8. Once the purchase of the product(s) is confirmed by the users to Shagunn:
 a. In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the users.
 b. In the event the bank rejects to honour any payment transaction made by a user towards an order, www.shagunn.in shall have the right to refuse to ship the order to the user without any liability whatsoever.
 
Retail Purchase from Franchisee Outlet

Any User who wishes to purchase an item from the Franchisee Outlet can either:

 
1. selected product(s) directly to the outlet; or
 
2. customize the jewellery by adding the diamond(s) to a ring, pendant, earring or any other type of jewellery that is expressly stated as customizable on the outlet; or
 
3. choose from the selection of jewellery display on the Franchisee outlet or available catalogue or website; or
 
4. can place the order directly from the Franchisee outlet.
 
5. User wishing to make the purchase, the User will be required to register at the franchisee outlet at the time of placing order.
 
6. The Users shall also provide any other mandatory information required under law (like Permanent Account Number (PAN) at the time of purchase more than or equal to Rs. 50,000.
 
7. All orders are considered complete only after the payment has been received by Shagunn.
 
8. To confirm the orders, Shagunn may at random, call up the Users who have placed orders through the franchisee store and ask the Users for order verification and personal details. Shagunn will confirm the order only after the verification is answered by the users.
 
9. Once the purchase of the product(s) is confirmed by the users, to Shagunn:
a. In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the users.
b. In the event the bank rejects to honour any payment transaction made by a user towards an order, Shagunn shall have the right to refuse to ship the order to the user without any liability whatsoever.
 

Product Availability
Shagunn may not own any of the diamonds and other products listed on the website (www.shagunn.in). In such cases, Shagunn only orders the products listed on the website from third party traders and merchants after the confirmation of the order by the user and delivers the same to the user. In such a scenario, there is a possibility that the item ordered by the user might have been traded since the listing on the website might not be available at that point of time.

In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, Shagunn will call the user and suggest an alternate diamond. In case the user chooses a new diamond, Shagunn shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the user shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, Shagunn shall refund the excess amount to the user in the manner specified below in this Terms of Use.
 
Pricing
1. Diamond prices vary from one category of diamonds to another diamonds and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond.
 
2. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the website may be substantially higher or lower than the actual prices in the retail markets.
 
3. All pricing information available on the website must be used as a general guideline for diamond prices. While this website www.shagunn.in is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds.
 
4. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the Service. Infrequently, data may be inaccurately displayed on the website due to system errors. Shagunn reserves the right to correct any and all errors when they do occur and the company does not honour inaccurate or erroneous prices.
 
5. The prices on the website are also subject to change without notice. For any order the price is the prevailing price on the day the order is completed.
 
6. The prices of the products listed on the website are fixed and not negotiable. If you have any questions, please contact us at 1800 102 2066.
 
Payment Option

Shagunn offers multiple payment options to users on the website www.shagunn.in :
 
Online Payment: Users can make online payments using his / her credit card, Debit card, Net Banking; and
 
Offline Payment: Payment via cheque or demand draft can be used only at our Franchisee outlet, User can order and then make payments to the Company through an offline payment mechanism i.e. cheque or demand draft. All Users making offline payment have to contact the Franchisee outlet and confirm his / her payment details.

Shagunn will order the diamond or any stone only after receiving the money into their account. In the event the diamond becomes unavailable after the payment is made and the users does not select an alternate diamond, the money shall be refunded to the user.
 
Partially Payment
1. Shagunn may, in its sole discretion, request the user to pay a 30% of the value of the transaction at the time of placing the order through website or through franchisee outlet. The balance payment of 70% for the order shall be paid by the user at the time of delivery of the product.
 
2. Failure to pay the balance amount at the time of the delivery of the product shall be treated as a cancellation of the order. Any partial amount paid by the user at the time of placing the order shall be refunded by Shagunn to the user after the recovery of Shipping charge, Making charge and any other charges.
 
3. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time
 
4. Any partial amount paid by the User at the time of placing the order shall be subjected to www.shagunn.in Terms and Conditions.
 
Refunds
Any refunds due by Shagunn to the User for non-availability of diamonds or for selection of alternate diamonds shall be made in the following manners:
 
Credit Card: The credit card account of the User will be re-credited with the refund amount by the Shagunn. The refund amount will be credited to the User's account within the time span stipulated by the bank which has issued the credit card; or
 
Cheque transfer: The refund amount shall be deposited into the bank account of the user by the Shagunn within seven (07) business days after the receipt of request for refund by the user; or

Cash or demand draft: If the User has made an over the counter purchase by paying via cash or demand draft, Shagunn shall pay the refund amount to the User through a demand draft or deposit the cheque on the given bank details within seven (07) business days after the receipt of the payment by Shagunn.

Shipping & Delivery
The user has to specify the shipping address and details of the person who will collect the shipment at the time of purchase. At the time of placing the order, the user 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 one of the following government approved photo identification card:

1. Driving License;
2. Permanent Account Number (PAN) card;
3. Voters Identification card; or
4. Passport
5. Aadhar Card
6. Any other Government (State or Central) approved Identity card

a. Delivery shall be made by the courier agent only after the photo and name of the recipient is verified and confirmed by such courier agent.

b. To ensure safe and secure delivery of the package the courier agent will also note down the details of the government photo identification.

c. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.

d. In case the User wants any other person to receive the delivery on his behalf he / she need to specify details of the same at the point of ordering only or write an email to customer.service@shagunn.in.

e. All items shall be delivered directly to the person as specified at the point of ordering and the User cannot (under no circumstances whatsoever) change the recipient details after the order is processed.

f. After creating an order, the User can change the shipping address only till the point when the product is actually shipped. In the event the User wishes to change the shipping address, he / she has to log-in to his / her account and click on “EDIT” to change "shipping address" button next to the shipping address and change the address. This "change shipping address" icon will be active only till the order status changes to "shipped".

g. Once the order status changes "to ship" the "change shipping address" link will become inactive.

h. Recipient accepting delivery should not accept deliveries where the box or packaging has been tampered with or if the box is empty.

i. If the recipient is not available at the time of delivery, the courier company shall try and deliver the item trice before returning the same to Shagunn.

j. All costs for re-shipment and handling in the case of non-delivery to the user shall be chargeable to the user.

k. Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistency in name or address will result in non-delivery of the product.
 
Gifting
1. Recipient will have to provide a government approved photo identification card (like passport, driving license, election card,aadhar card, etc.) to collect the physical product.

2. As it is a mandatory courier regulation, the price of the gift will be mentioned in the external cover. In the event the user wishes to have a copy of the invoice, he / she can request Shagunn to ship an additional copy of the invoice to be sent via email on the registered email id at the time of placing the order. Any applicable tax, including any gift tax shall be borne by the User.
 
Returns & Cancellation

Jewellery
Jewellery purchased from the website can be returned only by calling us at 1800 102 2066 within 30 days from delivery date of the product(s), subject to conditions detailed hereafter. In the event the Users have purchased a wrong size of any product, Shagunn will not resize the product at any cost. Courier and shipping cost incurred by the Company for return of product.

Jewellery purchased from the website can be cancel by calling us at 1800 102 2066 within 02 days from order of the product(s), subject to conditions detailed hereafter.


Conditions for return:
1. All items must have the original security/price tag, label and certificate and must be returned in the same conditions as delivered by Shagunn.

2. Any item returned showing signs of wear or engraved, altered, resized (by anyone / entity other than Shagunn) or damaged in any other manner shall not be accepted for return.

3. Custom orders with engraving, special ring size etc. cannot be accepted for return, refund or exchange.

4. All shipping and handling expenses shall be borne to the company.

5. All requests for return of product have to be placed within 30 days from the date of shipping. No return requests after 30 days from shipping will be processed.

6. Once the return is confirmed at the call center, Shagunn will send a packaging cover, which has to be used to return the product. The item has to be packed in front of the courier agent.
 
 
Exchange

Jewellery
There is no buy back option for any Jewellery purchased through the website www.shagunn.in . However, Jewellery purchased from the website can be exchanged within 30 days from the delivery date. Products suspected to be tampered with will not be exchanged. All decisions of Shagunn shall be final and binding.
 
Conditions for exchange:
1. All items must have the original security/price tag, label and certificate and must be returned in the same conditions as delivered by Shagunn.

2. Any product exchange showing signs of wear or engraved, altered, resized (by anyone / entity other than Shagunn) or damaged in any other manner shall not be accepted for exchange.

3. Custom orders with engraving, special ring size etc. cannot be accepted for return, refund or exchange.

4. All shipping and handling expenses shall be borne to the company.

5. All requests for exchange of product have to be placed within 30 days from the date of shipping. No exchange requests after 30 days from shipping will be processed.

6. Once the exchnage is confirmed at the call center, Shagunn will send a packaging cover, which has to be used to exchnage the product. The item has to be packed in front of the courier agent.
 
Insurance
Only transit insurance shall be provided by Shagunn and it shall be valid only until the time of delivery.
 
Certificate

Jewellery
The diamonds in the Jewellery will not be individually certified unless expressly mentioned at the point of purchase. The entire Jewellery will be certified either by a third party laboratory or by Shagunn depending on the value of the Jewellery.
 
Usage of Promo code, Discount, Coupon by the Company
1. Shagunn has the right to refuse the usage of any promo code, Discount, Coupon at any point of time. Promo codes which have expired cannot be used on the website or Franchisee Outlet.

2. Shagunn can at any time ask the User for the proof of having received the promo code.

3. Promo codes can be used only on specific orders as deemed fit by Shagunn.

4. Promo codes, discretion are applicable on certain items, on specific orders, or on specific dates and occasions.

5. Promo codes cannot be clubbed with any other special offer running on the site.

6. For offline payment or partly payment mode the promo code will be accepted only within the date of expiry of the promo code.

7. For a payment received after the expiry of the promo code the discount will not be applicable on that order.

Refund
Our 30-days Return Policy gives you time to make sure your purchase is perfect. If you need to return it for any reason, we'll happily provide you with a refund or exchange.Refer the Return policy.
 
Free Returns
We offer FREE Return Shipping only in case of receipt of damage jewellery or due to wrong delivery of prpduct.Refer the Return policy.
 
Free Shipping
Shagunn provides free delivery/shipping on all items within India. Ready to Ship is within 5-7 days for "Available in Stock" items and 15-20 business days for "Make to Order" items.
 
Transit Insurance
All goods will be fully insured by Shagunn until they reach you, so your purchase is 100% safe.
 
 
Terms & Conditions of use of the website

I. By using website www.shagunn.in  you represent and warrant that:
a. You are 18 years of age or older and that your use of the website and / or Services shall not violate any applicable law or regulation.
 
b. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
 
c. Your registration is solely for your personal and non-commercial use. Any use of this website or its content other than for personal purposes is strictly prohibited.
 
d. Your personal and non-commercial use of this website shall be subjected to the following restriction
 
i. you may not modify any content of the website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product;
 
ii. you may not decompile, reverse engineer, or disassemble the content, or
 
iii. remove any copyright, trademark registration, or other proprietary notices from the content.
 
e. You further agree not to access or use this website in any manner that may be harmful to the operation of this website or its content. You will not (a) use any product or service available on the website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the website and / or services in any way that is unlawful, or harms Shagunn or any other person or entity, as determined in the Shagunn sole discretion. In the event you want to advertise your product contact 1800 102 2066.
i. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the website and / or services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the website and / or services
ii. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "grieving" as those terms are commonly understood and used on the Internet.
iii. You will not delete or modify any content of the website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
iv. Shagunn cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and Shagunn, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
v. All information, content and material contained in the website and / or services are Shagunn copyrighted property. All trademarks, services marks, trade names, Designs, Logo and trade dress are proprietary to Shagunn. No information, content or material from the website and / or services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Shagunn express written permission.
vi. You acknowledge that when you access a link that leaves the website, the site you will enter into is not controlled by Shagunn and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that Shagunn is not responsible for those sites. Shagunn reserves the right to disable links from third-party sites to the website, although Shagunn is under no obligation to do so. 
 
YOU READ, UNDERSTAND AND AGREE THAT:
I. The Information, content and materials on this website and / or services are provided on an “as is” and “as available” basis. Shagunn and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particulars purpose and non-infringement.

II. Shagunn makes all reasonable efforts to display the products listed for sale on its website as accurately as possible. However, Shagunn cannot guarantee that your monitor’ display of any product color, texture or details will be accurate. Shagunn does not warrant that product description or other content are accurate, complete, reliable, current or error free. While Shagunn makes every effort to ensure that the products are described and priced accurately, in the event that an deemed to be priced incorrectly, Shagunn, reserve the right to refuse the sale of that item.

III. Shagunn does not warrant that the functions contained in content, information and materials on the website and / or services, including, without limitation any third party sites or services linked to the website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that he websote or the servers that make such content, information and materials available are free of viruses or other harmful components.

IV. Any material downloaded or otherwise obtained through the website and / or services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

V. You hereby indemnify, defend, and hold shagunn, shagunn franchise, agents, vendors representatives and other authorized users, and each of the foregoing entities respective resellers, distributors, service providers and suppliers, and all of the foregoing entities respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the website.

VI. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the website and / or services; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website and / or services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website and / or services; or (v) any other matter relating to the website and / or services.

VII. Shagunn or any of the foregoing entities respective resellers, franchise, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. you further acknowledge and agree that neither the company nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the website and / or services and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner.

VIII. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 14 and 15 may not apply to you.

IX. Each paragraph, clause, sub-clause and provision of this terms of use shall be severable from each other and if for any reason any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of this terms of use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid terms of use, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.

X. Those who access the website and / or services do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. This term of use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this letter, shall be subject to the jurisdiction of the courts at Mumbai.

XI. In the event of breach of the terms and conditions of this terms of use by the user, the user shall be promptly liable to indemnify Shagunn for all the costs, losses and damages caused to Shagunn as a result of such a breach. Further in the event of your breach of this term of use, you agree that Shagunn will be irreparably harmed and will not have an adequate remedy in money or damages. Shagunn therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. Shagunn's right to obtain such relief shall not limit its right to obtain other remedies.

XII. Any failure of Shagunn to exercise or enforce any right or provision of this terms of use shall not operate as a waiver of such right or provision.

I have read the terms of use and agree to all of the provisions contained above.

Disclaimer of liability
The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
 
Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
 
Applicable laws
Use of this website shall in all respects be governed by the laws of the state of Maharashtra, India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in India country, Maharashtra, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.