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1. Introduction

1.1.These Terms and Conditions apply to your use of this website at www.aupulent.com (hereafter referred to as “the website”). You agree to accept and be bound by these terms and conditions by accessing the website and/or placing an order of purchase of jewellery. Regardless of whether or not you choose to register with us or place an order with us, you confirm your acceptance of these terms and conditions upon use of the website. “Jewellery” means the jewellery that is predesigned or jewellery set with Lab gorwn diamonds and/or gemstones that are available for sale on our website. Please note that all Jewellery is sold on “as is” basis.

1.2. You can access most of the pages of the website without registering your details with us. Certain areas of the website are only open to you if you register.

1.3. Please read and familiarize yourself with these terms and conditions and if you do not accept them, please do not use the website.

1.4. NOTE: This document constitutes an “electronic record” under the provisions of the Information Technology Act, 2000 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.

Your Obligations

2.1. In these Terms and Conditions, and in the context of a registered user or where the context so requires, the term ‘You’ shall mean any natural or legal person who has agreed to become a member of the website by providing Registration Data while registering on the Website using the computer systems of the Website; has accepted the terms and conditions contained in this electronic record and has allocated himself a unique identification user name or “User ID” and “Password”.

2.2. You accept that the website and/or its’ owners have the right to amend these terms and conditions at any time without prior notice to you and consequently you agree to review these terms and conditions periodically and/or prior to each online purchase of jewellery. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the website which will override these terms and conditions to that extent only. In that event, the other terms and conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should not continue to use the website.

2.3. You agree that in no event shall the website or its’ owning company or any of its’ directors/owners/agents be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the website or for the delay or inability to use the website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of the website, whether based on contract or strict liability or any other law or otherwise.

Registration and other obligations

3.1. As a new Registered User, these Terms and Conditions shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in filling your registration data and clicking on the ‘continue’ button as provided on the registration page. If you do not accept these terms and conditions, do not fill up your registration data or click “Continue” on the Registration page.

3.2. You recognize that your Registered Data is for the purpose of processing your online purchase order and for providing ancillary services or products that may be offered by www.aupulent.com from time to time. You authorize www.aupulent.com to retain such data and to transmit the data to its various outlets/offices or to parties (whoever is/are contracted with www.aupulent.com) which provide such services or products, in whichever country they may be located. You acknowledge that the website and/or its chosen partners may contact you via email or other means for your order or changes or alterations to the order or promotional purposes.

3.3. You are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.

3.4. You agree to provide accurate, true and complete updated information of yourself as requested for by www.aupulent.com at the time of registration and/or from time to time. Should you provide any data or information which www.aupulent.com has reason to believe to be false, inaccurate or incomplete, www.aupulent.com shall have the right to terminate or suspend your account/membership and deny you access to the website.

3.5. In using the website, you agree that you will not:

3.5.1. Omit, delete, forge or misrepresent information.

3.5.2. Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;

3.5.3. Engage in any activities intended to withhold or cloak identity or contact information;

3.5.4. Send harassing and/or threatening messages to the website

3.5.5. Post excessive responses to interactive features or functions of this Site or

3.5.6. Engage in ‘flooding’, i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the website’s email address)

3.6. You agree that you are responsible for your communication and that you will not post, disseminate or transmit any content that:

3.6.1. Infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary rights including, but not limited to, using third-party material, which is the subject matter of copyright, without appropriate permission and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality;

3.6.2. You do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or

3.6.3. Contains personally identifiable information belonging to minors.

3.6.4. Posts, disseminates or transmits any worm, viruses or other harmful, disruptive or destructive files, code or programs on the website;

3.6.5. Attempt to penetrate security measures of the web site, service or obtain or bypass someone else’s passwords.

Eligibitly

4.1. You shall use the website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. If you are a minor and if you wish to purchase jewellery through the Website, you may do so through your legal guardian or parents who have registered themselves as Registered Users of the website. The website reserves the right to terminate your membership without assigning any reasons.

Your Online order & payment

5.1. You accept that upon ordering “jewellery” online from this website you are deemed to have placed an order with www.aupulent.com for purchase of the specified jewellery. You recognize that you can purchase jewellery through the website only through your membership/guest account and all online payments will be accepted only through valid and authorized credit/debit cards/net banking or any other mode as specified on the website. The website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit/charge/debit card (“Card”) details and telephone numbers and ensure 100% safety in the online transactions you make on the website.

5.2. During the process of purchase on the website, you will be appropriately guided through various stages from choosing your Jewellery till confirmation of your payment. Prices displayed in relation to each piece of jewellery on the website is inclusive of all applicable taxes at the current rates (unless otherwise specified) and is correct at the time of entering the information into the system.

5.3. The website reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. The website shall not be liable to you or any third party because of withdrawing any jewellery from the website whether or not that jewellery has been sold.

Delivery

6.1. Once you have made a valid online purchase of jewellery from the website and upon receipt of the payment in relation to the product price and location wise delivery charges ( if applicable ), The website will thereafter transmit a confirmation email to your registered email address informing you of the scheduled date of delivery of your jewellery.

6.2. The website will deliver your purchased jewellery to your place. The product shall be delivered within the time specified on our website for the selected product. You will at the time of placing the order, state the full name of the recipient as stated in his / her (recipient’s) government approved photo identification. At the point of delivery, the recipient shall collect the product, by furnishing any one of the following governments approved photo identification card: • Ration Card (should be issued in the name of the Member / recipient); • Driver’s License; • Permanent Account Number (PAN) card; • Voters Identification card; or • Passport.

6.3. The website will make every effort to carry out deliveries on the given date. The delivery date given to you is an estimate given in good faith. If the website finds subsequently that the estimate is inaccurate, the website will endeavor to inform you using the registered contact numbers and/or email address from your registered data.

6.4. If your purchased jewellery remains undelivered for more than one week, either due to your/recipient’s unavailability or any other reason not attributable to www.aupulent.com, www.aupulent.com reserves the right to claim charges including levies incurred by www.aupulent.com prior to delivery/re-delivery of the product.

6.5. All purchases of jewellery by you from the website are made pursuant to a shipment contract. You agree that the title to such purchased goods shall pass on to you once the goods are delivered by The website to the carrier for delivery to your doorstep. You agree that the carrier of the purchased goods to your premises shall be your agent.

Intellectual Property

7.1. The website is the exclusive proprietor of the trademark “AUPULENT” as well as its stylized logo script of the letters having a unique colour combination (referred to as “the trade mark”) as depicted on the website and in other material. The website has registered the trademark under the Trademarks Act, 1999 in various classes. The website also has the exclusive copyright in the designs in the jewellery sold by it. Any person illegally or unauthorized using the trademark or any other mark which may be deceptively similar to the trade mark or any other intellectual property owned by it shall be proceeded with in accordance with law and such legal action may entail criminal and/or civil proceedings in the Competent Courts.

7.2. The website is the exclusive proprietor/owner of the copyright in the design, layout, content and software of the website and all printed material including, but not limited to, brochures, flyers, etc and any infringement and/or unauthorized use thereof will be vigorously dealt with in accordance with the law.

Dispute resolution

8.1. Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by you through the website shall be submitted to sole arbitration under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by the website. The award of the arbitrator shall be final and binding on you as a decree of a court of law. The jurisdiction and venue for arbitration shall be at Chandigarh only.

Severance

9.1. If any clause (or part of a clause) of this agreement is found by any Court or Authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.

Jurisdiction

10.1. By accessing this website, you agree that only the Courts in Chandigarh shall have the jurisdiction to entertain any suit or other proceedings by or against Aupulent.

Force Majeure

11.1. No Party shall be deemed to be in default if performance of the obligations required by this terms and conditions is delayed or becomes impossible because of any act of God, war, fire, strike or other labor disturbances, technological or civil commotion or disruption, riots, epidemic, acts of Government, its agencies or officers, or any other legitimate cause which is not due to any act or omission of the Parties, beyond the control of the Parties and not being due to lack of funds or financing (“Force Majeure Events”).

11.2. Any Party claiming restriction on the performance of any of its obligations under this terms and conditions due to the happening or arising of an event or circumstance defined as a Force Majeure Event in Article 11.1 hereof, shall notify the other Party of the happening or arising and the ending or ceasing of such event or circumstance within 5 (five) days of determining that a Force Majeure Event has occurred or has ceased to occur. In the event any Party anticipates the happening of a Force Majeure Event, such Party shall promptly notify the other Party.

Product Description

12.1. Each piece of jewellery purchased by you online is sold subject to its Product Description. The website will take all reasonable care to ensure that all details, descriptions, and prices of jewellery displayed on the Website are correct at the time when the relevant information was entered into the system. Although the website is kept as up-to-date as possible, information including Product Description, appearing on the website at a particular time may not always reflect the position at the exact moment you place an order.

Electronic Communication

13.1. You agree that your use of the website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with The website via electronic records and you consent to receive communication via electronic records from The website periodically or as and when required. You accept that communication by The website through courier, post or electronic means constitutes proper service of notice or electronic records.

Exchange/ Return Policy

14.1. Engraved products are not eligible for a 15 Day Money-Back or a 15 Day Exchange 14.1.1.Engraved products are eligible for Lifetime Exchange.

14.2. Once upon receiving the product, the Quality Assurance Department of Aupulent will review it, if the product shows i. Signs of wear ii. Has been altered iii. Resized (by a jeweller other than the company) Iv. Is damaged it will not be accepted for 15 Day Money-Back.

14.3. Aupulent will require the product along with its original product certificate and the original/ copy of the invoice for exchange to avail the benefit of 15 Day Money-Back period.

14.4. In the event that the customer cannot produce the original certificate, Aupulent will send the product to the lab for recertification, for which the shipping and certification cost, shall be borne by the customer.

14.5. The Money-Back amount will be 100% of the actual amount paid at the time of purchase. If any coupon, discount or promo codes were used at the time of the original purchase, the exchange amount will be reduced by an amount equivalent to the coupon, discount or promo codes, as applicable.

14.6. In case, any coupon, discount or promo codes were used at the time of the original purchase, the BuyBack / Exchange amount will be reduced by an amount equivalent to the coupon, discount or promo codes, as applicable.

14.7. There will be no deduction when determining the Lifetime Exchange Value (LTE) if the discount was provided on making charges of the product.

14.8. If the discount received by the customer at the time of purchase was on the gold value or diamond value, then the entire discount will be deducted when determining the LTE value.

14.9. 70% of the discount will be deducted when determining the final LTE value, if the discount was on the MRP at the time of purchase.

14.11. In case of a refund on 15 Day Money-Back, payment of the refund amount shall be done via online bank transfer to the customer’s bank account within 10 days of receipt of the product. If the mode of the payment was through online debit/ credit card/ net banking, the refund will be processed by reversal of the transaction.

14.12. If the exchange value is higher than the value of the old product, the customer will have to pay the difference.

14.13. If the exchanged value is lesser than the value of the old product, the difference will be refunded in case of a 15 Day exchange, but if it’s a Lifetime Exchange then the difference will be held as a credit for future purchase.

14.14. The prevailing market value will be determined by the company.

14.15. This service is not applicable for international orders, outside India.

14.16. Aupulent reserves the right to change the terms and conditions for specific customers & the customer will be informed of the decision prior to the purchase.

14.17. 15 Day Money-Back is not applicable on a product purchased in exchange of gold coins (15 day exchange at 100% of the invoice value is still applicable).

14.18. Lifetime Exchange and Buyback values are calculated excluding the making charges and taxes.

14.19. Any new product purchased against LTE value or Old Gold Exchange Credit will be eligible for 100% exchange (15 days), LTE and Buyback but not eligible for 15 day money-back.

14.20. If the customer does not have the Invoice, an additional 10% will be deducted from the LTE value.

14.21. A customer can exchange their design within 15 days for the full value only once. If the customer wishes to exchange the design a second time, it will be regarded as a Lifetime Exchange.

14.22. 15 Day Money-Back is not applicable on orders that have been exchanged earlier under the 15 Day Exchange Policy.