These Terms of Service govern the use of this website which is owned and operated by “MASAMI JEWELS PVT LTD” (hereinafter referred to as “WE”, “US” OR “OUR” ) for persons accessing the website (hereinafter referred to as “USER”,“YOU” OR “YOURS”) as well as persons accessing the website and registered on the website for placing an order (hereinafter referred to as “MEMBER”)
By accessing this site you are indicating your acknowledgement and acceptance of these Terms of Service. These Terms of Service are subject to change by “MASAMI JEWELS” at any time by its discretion. Your use of this site constitutes your acknowledgment and acceptance of the changes made from time to time. The USER is requested to consult these Terms of Service regularly.
DESCRIPTION OF SERVICES
MASAMI JEWELS through this Website provides access to trading, pricing, news and other information services related to diamonds, gold and colored stone jewellery. It is to be noted that certain Services available on this Website are for the use of Members only.
Upon placing an order for a product, the Member is bound by the conditions of sale and invitation to offer included in the item’s description.
MASAMI JEWELS shall provide authenticity certificates to the User on the purchase of diamonds which are either loose or have been set in jewellery. The certificate shall be issued by an independent certifying authority GIA, SGL, IGI, GSL BIS etc. The details of the certificate shall be provided to the USER at the time of purchase.
MASAMI JEWELS upon receiving complete or partial payment for the item purchased by the User shall deliver the said item within 7-10 days from the date of order.
While making purchases on the website, the User is required to register an account providing true, accurate, current and complete information as requested in the registration form and become a Member. The address upon which an item(s) is to be delivered upon request should be correct and proper in all respects.
You, as a User are required to regularly update the information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, incomplete or not current or if MASAMI JEWELS has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with this Terms of Service, we have the right to indefinitely suspend or terminate your account and refuse to provide you with access to our website.
MASAMI JEWELS reserves the right to confirm and validate any and all information provided by you at any point of time. MASAMI JEWELS also reserves the right to seek any additional information for accepting and completing orders before making delivery in certain instances. If, upon confirmation any details provided by you are found to be false, incomplete or inaccurate MASAMI JEWELS has the right to reject the order and debar you, the User from using the services and or other affiliated websites without prior intimation whatsoever.
Any Member who wishes to purchase an item from the Website can either:
In the event of a User wishing to make a purchase, the User may be required to register on the website after adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Personal Account Number (PAN) at the time of purchase.
Orders are normally considered complete only after the payment has been received by MASAMI JEWELS.
To confirm the orders, MASAMI JEWELS may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. MASAMI JEWELS will confirm the order only after the verification question is answered by the Member.
Once the purchase of item(s) is confirmed, MASAMI JEWELS:
MASAMI JEWELS may not own any of the diamonds and other products listed on the Website. In such cases, MASAMI JEWELS may order the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and deliver the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website might not be available at that point of time.
Pricing Diamond prices vary from one category of diamonds to another 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. 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.
All pricing information available on the Website must be used as a general guideline for diamond prices. While this Website 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. 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. MASAMI JEWELS reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. 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 confirmed. The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at email@example.com
GOLD WEIGHT VARIANCE
The gold weight mentioned on the website for jewellery and mounts may vary upon manufacture of the product.
ADVANCE / PART PAYMENT
MASAMI JEWELS may, at its sole discretion, request the Member to pay a percentage of the value of the transaction as an advance at the time of placing the order. The balance payment for the order shall be paid by the Member at the time of delivery of the product. 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 advance amount paid by the Member at the time of placing the order shall not be refunded by MASAMI JEWELS to the Member in the event of cancellation of the order for any reason whatsoever.
MASAMI JEWELS 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 of any transaction, on account of the Cardholder having exceeded their pre-set limit.
SHIPPING AND DELIVERY
At the time of placing the order, the Member shall 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 government approved photo identification card:
Delivery shall be made by the Company / courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.
In case the Member 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. All items shall be delivered directly to such person and under any circumstances whatsoever; the Member cannot change the recipient details after the order is processed.
The Member has the option to change the shipping address, before the product is actually shipped. In the event the Member wishes to change the shipping address, he / she has to log-in to his / her user account on the website and click on the "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”. Once the order status changes "To Shipped" the "Change Shipping Address", link becomes inactive.
All shipping charges and other local charges shall be borne by the Company. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. The recipient receiving the delivery also has the option to open the package and check its contents prior to accepting the delivery or signing the delivery receipt. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed.
The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.
If the recipient is not available at the time of delivery, the Company / courier agent shall try and deliver the item thrice before returning the same to MASAMI JEWELS. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.
Guarantee for delivery made by the Company is subject to terms and conditions of the courier company. Any inconsistency / errors in name or address will result in non delivery of the product.
To collect the physical product, the recipient will have to provide any one of the following government approved photo identification proof:
Ration Card ( should be issued in the name of the Member / recipient
Permanent Account Number (PAN) card;
Voters Identification card; or
As it is a mandatory requirement as per local laws, the price of the gift (notional amount) will be mentioned on the external cover of the package. In the event the Member wishes to have a copy of the invoice, he / she can request MASAMI JEWELS to ship an additional copy of the invoice to the required address at the time of placing the order. Any applicable tax, including any gift tax, if any, shall be borne by the Member.
Transit insurance shall be provided by MASAMI JEWELS and it shall be valid only up to the time of acceptance of delivery.
All our jewellery carries the trusted BIS Hallmark assuring you of the gold purity in your product.
The diamond jewellery you buy from us comes with a certificate of authenticity from prestigious laboratories such as IGI, SGL and HKD.
Your Masami solitaire carries a certificate of authenticity from world renowned laboratories such as GIA and IGI.
CANCELLATION BY MASAMI JEWELS
There may be certain orders that MASAMI JEWELS cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which MASAMI JEWELS identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify you in case your order has been cancelled fully or partially or if any additional information is required to accept your order.
CANCELLATION BY CUSTOMER
Once an order is placed, it can only be cancelled before it is shipped to the provided destination. Once the cancellation request is received by MASAMI JEWELS the Member is entitled to receive full store credit or refund within 15 days of purchase.
RETURN AND REFUND POLICY
MASAMI JEWELS is committed to ensuring full customer satisfaction with respect to the products available on our website, security & customer assistance. However, if you are not happy with the product, you can choose to return the order.
If, any product is found defective, you shall return the defective product unused and in the same condition as you received it, in its original packaging, along with the invoice for a refund. You are required to report the defect within 30 days of receipt of the product either by calling us 1800-425-3767 or writing to us at firstname.lastname@example.org
In the unlikely event that the order delivered is in damaged condition, or otherwise, you can return the product unused and in the same condition as you received it, in its original packaging, along with the invoice and get the refund.
Our courier partner will collect the order from the address provided by you and will get it back to us.
A Member can exchange an item within 30 days from purchase. Particularly, solitaires can be exchanged at 90% of the prevailing market rate subject to a limit of Rs. 10,00,000/-. The jewellery products made of studded diamonds are liable to be exchanged at 90% of the prevailing market value whilst jewellery products made of gem stones are liable to be exchanged at 80% of the prevailing market value.
In any event, MASAMI JEWELS reserves the right to not allow the exchange of jewellery products due to differential that may arise, as no two products will have the exact weight & hence price will differ. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices will also change.
Prices on the website are subject to change without notice. Please expect that you will be charged the price for the jewellery as it is listed on the day of purchase.
RESTRICTION ON SERVICES
MASAMI JEWELS reserves the right, at its sole discretion, to limit the quantity/value of the items purchased by the Member and such other restrictions as may be applicable to orders placed by the same account, the same credit/debit card and also to orders that use the same billing and/ or shipping address. Notification shall be provided to the USER should any such limits be applied. MASAMI JEWELS reserves the right at its sole discretion to prohibit sales to anyone as it may deem fit.
MASAMI JEWELS recognizes the damage and harm caused by conflict diamond mining or trading. MASAMI JEWELS shall no trade in diamonds which are used to fund conflict or traded in violation of the United Nations General Assembly Resolution 55/56 which provides for the Kimberly Process Certification Scheme (KPCS).
MASAMI JEWELS shall maintain complete confidentiality of the details that the User has shared with us and shall not share it with any third party for any purpose.
We may ask for certain details such as name; date of birth; e-mail address; residential address; contact number etc for registration purposes or for giving feedback, newsletters and placing an order.
MASAMI JEWELS does not accept any financial information on its servers. All information entered by the customer is directly received through our payment gateway and are transmitted to their respective banks’ servers through an industry standard encryption protocol known as SSL (Secure Socket Layer).
MASAMI JEWELS reserves the right to recover the cost of goods, collection charges, damages caused to MASAMI JEWELS and legal expenses from persons using the site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these Terms of Service.
OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
Trademarks, service marks, copyrights, logos etc. (collectively as “IP”) appearing on the website are the property of MASAMI JEWELS or the party that provided the respective IP to MASAMI JEWELS. Any IP including pictures, videos, logos or any other material that has been uploaded by MASAMI JEWELS with a particular listing of a service provider is being done so on a fair use basis to deliver a review of the service so provided. In the event the owner of the said IP does not consent to the continued use of the same, a written request should be sent by the owner of the said IP to MASAMI JEWELS and MASAMI JEWELS shall process this take down request when sent to the contact email address provided herein below. MASAMI JEWELS and any party that provided its IP or consented to its use by MASAMI JEWELS retain all rights with respect to any of their respective IP appearing on the website.
We own website content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate User review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, the User may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Site Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and its Content are retained by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray MASAMI JEWELS or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. MASAMI JEWELS may revoke this limited right at any time. You may not use a MASAMI JEWELS logo or other proprietary graphics of MASAMI JEWELS to link to the Site without the express written permission of MASAMI JEWELS. Further, you may not use, frame or utilize framing techniques to enclose any MASAMI JEWELS trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without MASAMI JEWEL’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MASAMI JEWELS or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of MASAMI JEWELS or any third party without the prior written permission of MASAMI JEWELS or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. MASAMI JEWELS does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. MASAMI JEWELS provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply MASAMI JEWEL’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. MASAMI JEWELS accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. MASAMI JEWELS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MASAMI JEWELS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MASAMI JEWELS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. AND MASAMI JEWELS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE USER AND NOT MASAMI JEWELS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MASAMI JEWELS MAKES NO WARRANTIES THAT THE USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR HACKING& ACCIDENTAL LEAKS, ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY
MASAMI JEWELS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, MEDICAL NEGLIGENCE OR ANY OTHER UNETHICAL PRACTICES OF THE MEDICAL PRACTITIONER. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MASAMI JEWELS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO MASAMI JEWELS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
MASAMI JEWELS may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your MASAMI JEWELS account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of MASAMI JEWEL’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
APPLICABLE LAWS & JURISDICTION
The effectiveness, construction and enforcement of this Agreement shall be governed by Indian laws. The Parties hereby submit to the exclusive jurisdiction of the courts of Chennai in respect of any dispute arising in connection herewith.
Any disputes, difference or claim arising between the parties out of or in relation to or in connection with the Terms of Service, or the breach, termination, effect, validity, interpretation or application of this agreement as to their rights, duties or liabilities hereunder, shall be settled by the parties by mutual negotiations and agreement.
If for any reason, such dispute cannot be resolved amicably by the parties, the same shall be referred to and settled by way of arbitration proceedings, through reference to a sole arbitrator. The Act applicable to any or all of the proceedings arising out of this Agreement shall be the Arbitration and Conciliation Act, 1996 as amended from time to time.
The failure of MASAMI JEWELS to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive MASAMI JEWELS right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
Please contact us for any queries or complaints at
MASAMI JEWELS may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the website.