“M/s. Bengal Jewellery LLP ” Website User Agreement
This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable 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.
This User Agreement is effective upon acceptance for those users who accept it through registration at M/s. Bengal Jewellery LLP Website on and from August’2021.
This User Agreement posted on our site sets out the terms on which the company offers you access to and use of our sites, services, applications and tools (collectively “Services”) at the Website: www.bengaljewellery.com You can find an overview of our policies here. You agree to comply with all the above when accessing or using our Services.
When you use any materials provided by us through the Website you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be considered a part and parcel of this User Agreement. We reserve the right, at our sole discretion to change, modify, add, or remove portions of this User Agreement at any time and without any prior written notice to you. It is your responsibility to review the User Agreement periodically for changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with this User Agreement, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
Accessing, browsing, or otherwise using the Website indicates your agreement to all the terms and conditions under this User Agreement. Therefore, please proceed only after reading the terms contained in this User Agreement. By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by the company policies as amended from time to time.
Introduction
The entity you are contracting with is Bengal Jewellery LLP (herein referred to as “the company”),registered under the Companies Act, 1956, and presently governed by the Companies Act, 2013, having Registrar of Companies LLPIN: AAE7859, having its registered office at 234, Chittaranjan Avenue, Kolkata: 700 006, West Bengal, India. The transactions in this website are restricted to Indian citizens residing in India. By subscribing to or using any of services of the website you agree that you have read, understood, accepted and are bound by the terms and conditions contained herein, regardless of how you subscribe to or use the services. This website is for online “offer and acceptance” of the jewellery items posted and advertised on the website. Online offers on the website are subject to change from time to time.
Membership eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. Any person who is a minor, that is to say, under the age of 18 (eighteen) years, shall not register as a member of the Website and shall not purchase from this Website. A minor desiring to purchase an item on the Website can make such purchase or sale only through his legal guardian or parents, who have registered as users of the Website. The company reserves the right to terminate any membership and may refuse to provide access to any person to the Website if it is brought to the notice of the company or if it is discovered that the person transacting is under the age of 18 years.Thus, the user of this Website has to be a natural or legal person who has agreed to become a member of the Website by providing data while registering on the Website as Registered User or Guest User using the computer systems of the Website and has accepted this electronic version / electronic record of the User Agreement and has allocated her/ himself a unique identification user name (User ID and Password) to become a Registered User or has been identified as “Guest User” by providing the information requested by the system.
Your Account and Registration Obligations
While using the Website as a Guest User, you are responsible for the physical and electronic safety and security of the computer and computer systems or other equipment being used and you shall abide by the terms and conditions
contained herein to the extent applicable. While using the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password, as well as restricting access of your cell phone number and to your computer, computer system and computer network, and you are responsible for all activities that occur under your “User ID” and “Password”, e-mail address and cell phone number as the case may be.
As a Registered User, you agree, inter alia, to:
Provide true, accurate, current and complete information about yourself as prompted by the company’s registration form or provided. (Such information being the “Registration Data”) and Government issued /approved Photo IDs i.e. PAN, VOTER, AADHAR, PASSPORT etc.
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Provide true, accurate, current and complete information about yourself as prompted by the company’s registration form or provided. (such information being the “Registration Data”)
If you provide any information that is untrue, inaccurate, not current or incomplete or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.Although the company takes prudent precautions against computer viruses, Trojans, mal-ware and other malicious programs that may damage, harm or compromise privileged information from the visitors’ or customers’ computer systems and other devices, all visitors and customers are advised to take due precaution and have proper protections against such infringements and the company shall in no way be responsible for such events.
Electronic communications
When you use the Website or send emails or other data, information or communication to the company, you agree and understand that you are communicating with the company through electronic records and you consent to receive communications via electronic records from the company periodically and as and when required. The company will communicate with you by email or other electronic methods which will be deemed adequate service of notice and communication. The company reserves the right to send newsletters, promotional brochures and other similar communications from time to time to keep the registered users informed about the new products and upcoming events.
Sell/Sale by company
All transactions from or through this Website shall be deemed to have been conducted or transacted at or from the registered office of the company at 234, Chittaranjan Avenue, Kolkata: 700 006, West Bengal, India.
All transactions shall be subject to the provisions of the Supply of Goods Act, 2017.
A supply by the company is deemed to be complete once the “Tax Invoice” for the goods ordered in raised, and the company shall deliver through a thirdparty courier or Bengal Jewellery LLP own delivery personnel.
All sales/(supplies) are subject to taxes under Central Good and Service Tax Act, 2017 and rules thereunder with West Bengal Good and Service Tax Act, 2017 and rules made thereunder in case of customers residing in West Bengal or Integrated Good and Service Tax Act, 2017 and rules thereunder if the customers are residing outside West Bengal.
The offer for sale is restricted to the items displayed in the brochures in the Website. The company reserves its right to remove, delete, add, alter, modify or discontinue any item or the entire brochure without any prior notice.
An order will be deemed to have been accepted only after the full consideration is received by the company and credited to the bank account of the company.
All orders are subject to availability in stock and subject to prior sell from the showroom counters. The company will not be held liable for any costs, damages or claims for extension of the delivery time under such circumstances.
The products of the company are mostly hand crafted and minor and subtle variations will always occur from the product displayed in the brochures in the Website. Our offer is subject to such minor variations.
The company shall have sole discretion to accept any offer from the customer to purchase a product.
The amount of the shipping costs depends on the type, quantity and of the place of delivery of the goods, and is communicated together with the product prices in the Website.
All transactions on the Website and use of the services of the company shall be subject to true, fair and accurate disclosure of information by the customer as may be called for.
BIS hallmark is NOT a separate certificate, it is an inscription made on the product. M/s. Bengal Jewellery LLP provide BIS hallmark on 22 (916),18 (750),14 (585)KARAT (Kt). Please click BIS (BUREAU OF INDIAN STANDARDS) WEBSITE for more information.
Payment by customer
The payment of the purchase price shall be due in advance upon ordering/ purchasing of the goods.Customer may make payments by valid debit card or credit card or net banking or similar through the third party payment gateway of this Website.All payments made against the purchases on the Website shall only be in Indian Rupees.Payments shall be deemed to have been received only when such monies are credited to the company’s bank account and are freely available to the company.
Delivery of products
The ordered goods will be deemed to be in transit for delivery once despatched through a third-party courier and shall be deemed to delivered once handed over to the customer or to the person authorised as instructed.
The recipient of the goods is obliged to produce identity proof and address proof or such other documents (Original) to verify and establish his bona fide at the time of delivery to ensure safe delivery of the goods purchased.The company will issue an invoice regarding every transaction and the third-party courier shall hand over the original copy of “Tax Invoice” to the customer at the time of delivery of the goods ordered.The customers are requested to inspect the purchased item and make a video of opening of the package of such products In front of the third-party courier personnel to avoid any discrepancy/ dissatisfying or missing such products and accompanying papers promptly and immediately. Attention is drawn to the “Replacement Policy” and “No Refund Policy” below in this connection.
Replacement Policy
Requests for replacement will be accepted at the absolute discretion of the company at all times and the company will have the sole and absolute discretion and authority to decide in respect of any disagreement or difference of opinion relating to such complaints.
The products being mostly hand crafted as mentioned earlier, requests for return or replacement will not be entertained for minor variations, such as design, colour or appearance.
A replacement shall be allowed free of cost when the company acknowledges that the product received by the customer is substantially different from the ordered product and that should be within 15 days from the date of delivery.
If the company is satisfied that any of the product sold has an inherent manufacturing defect, despite every precaution and rigorous quality controls being undertaken, it shall be replaced free of cost.
Any complaint or replacement request shall be considered only if made within 48 (forty eight) hours from delivery by communication through the registered e-mail address, mentioning Customer ID, Order ID, date and time of delivery and clearly and accurately describing the nature of the complaint. No complaints or requests for any return or replacement will be accepted or entertained after 48 (forty-eight) hours from the delivery of the said goods/ ordered goods.
No Refund Policy
The company shall not refund any payments received from customers.
Insurance
To safeguard the interest of the customer for the goods ordered, the company shall arrange for transit insurance free of cost valid till its delivery.
Minor damages or deformations or deteriorations in the course of the delivery are not covered by the transit insurance. Therefore, we the Bengal Jewellery LLP insist to make video of the delivery products along with the third-party delivery person at the time of opening of the package.
The customer on request shall provide all information and documents, as may require, to assist the company to lodge and substantiate claims against the insurer in the event of a loss (without providing such supporting information and documents over email the company has no liability to pursue it).
Warranty
The goods shall be considered to have a defect in quality if they have an inherent material or manufacturing defect. Minor deviations from the image shown on the Website shall not qualify as a defect.
Limited Liability
The company shall be liable for its acts or for the acts of the persons employed in the fulfilment of its obligations only to the limited extent of foreseeable direct damage typical in this type of contract without guarantying the accuracy of any listing, posting or representation. In no event shall the Website or its affiliates and service providers be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the company, its services or this agreement.
Privacy
We take the protection of your privacy seriously. We store and process your personal information, including any sensitive financial information that may be collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and Rules there under. Our current privacy policy is available at [•]. If you object to your information being transferred or used in this way please do not use this Website.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce this User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce this User Agreement or privacy policy; or protect the rights of our users or the general public.
Disclaimers and immunities
The photographs and impressions displayed on the Website are for reference only and are not to scale. The size, colour, finish, lustre and other visual parameters of the actual product may differ to an extent from the photographs and impression displayed in the Website. Moreover, the items being mostly hand-crafted, actual products delivered may differ to an extent.
The weight of gold, silver, diamond or any precious metal and stones to be used for making jewellery item ordered by the customer may vary marginally in the final form of the product. The difference, if any at all, will be due to hand-crafting of the jewellery item. The customer understands and acknowledges that the weight of gold, silver, diamond or precious metal and stones displayed against any particular item is a fair and reasonable approximation and cannot be the exact such weight in the finished products.
In case of gem stones the prices are given on the average weight of stone and not on the individual stone. Prices will be fixed on a range of average weight of the gemstone and not on exact weight.
The customers are advised to contract the company at our registered office (234, Chittaranjan Avenue, Kolkata: 700 006, West Bengal, India) by person, by phone +91-33-2241 3377 and email: [email protected] on any working day between 14.00 hrs. to 16.00 hours. for any query or clarification.
The company or the Website shall not be responsible for any unauthorised use of credit or debit cards for making any transaction and shall have no liability either to the true holder of any credit or debit card or to the concerned bank for any unauthorised / fraudulent use of payment instruments.
The company declares that it has no obligations beyond the terms and conditions and representations mentioned herein.
Force Measures
If either Party to this Agreement is prevented by any event or circumstances such as government action or inaction, war, serious fire, flood, typhoon, earthquake, pandemic or other natural calamity beyond its control, the time for the performance of this Agreement shall be extended by a period equal to the effect of such cause and neither Party shall be responsible for loss or damage due to the delay. The Party so prevented by such event or circumstances shall notify the other Party by email, whatsapp, message or similar platforms soon as possible from the time of the occurrence of the force majeure.
A refund of payment received from a customer, if any, may be permitted at the sole and absolute discretion of the company by crossed account payee cheques only in the name of the customer under such circumstances.
Governing Law
Any and all questions of enforceability and interpretation which may arise under this Agreement shall be determined and governed by and in accordance with the laws of India. This Agreement shall be subject to the exclusive jurisdiction of the Hon’ble High Court at Calcutta
Arbitration
All disputes, differences or arguments that may arise in future between the parties shall be amicably settled amongst themselves and if such settlement is not achieved within a reasonable time shall be subject to arbitration under the Arbitration & Conciliation Act, 1996. Such arbitration shall be held at Kolkata only.
Alterations and Modifications
The company reserves the right to change, modify, alter and/or substitute any or all the terms and conditions mentioned herein at any time and from time to time at its sole and absolute discretion and accord, without giving any prior notice and/or intimation to any person, including its customers.
Acceptance
By registering at this Website and transacting thereafter the customer agrees, accepts and acknowledges to abide by the terms and conditions mentioned above.
Contact Us
Please contact us at [•] for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Grievance Officer
In the event User has any grievance in relation to any information uploaded on the Website or with respect to processing of information or use of Website, User may contact our Grievance Officer. The Grievance Officer shall endeavour to expeditiously redress the grievances, but within reasonable time as may be provided in applicable law. The name and contact details of the Grievance Officer are provided below:
Name: MR. SREEDIP ROY.
Address: 234, CHITTARANJAN AVENUE, KOLKATA – 700006, West Bengal, India.
E-mail: [email protected].
Availability: 14.00 hrs to 16.00 hrs. (Working Days with Prior Appointment only).