Terms of service

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These Terms of Use and Conditions (“Terms”) govern your access to and use of this website operated by SMYE Fine Jewellery (“SMYE”, “Company”, “we”, “our” or “us”), including any content, functionality, products and services made available through the website.

By accessing, browsing, registering on or using this website, you acknowledge that you have read, understood and agreed to be bound by these Terms, our Privacy Policy, Shipping and Delivery Policy, Return, Refund and Cancellation Policy and any other policies published on the website from time to time.

If you do not agree with these Terms, you should refrain from accessing or using the website.

1. ABOUT US

SMYE Fine Jewellery is a partnership firm engaged in the design, marketing and sale of fine jewellery through its online platform.

Registered Office:

1/1, Vijay Apartments,
Golden City,
Chinna Sengodam Palayam,
Thindal (PO),
Erode – 638012

Customer Support:

Email: smyefinejewellery@gmail.com
Phone: +91 6384563844
Business Hours: Monday to Saturday 10:00 A.M. to 6:00 P.M.

2. ELIGIBILITY

By using this website, you represent and warrant that:

(a) you are at least eighteen (18) years of age;
(b) you possess the legal capacity to enter into a binding contract under applicable laws;
(c) all information provided by you is true, accurate and complete; and
(d) your use of the website shall comply with all applicable laws and regulations.

SMYE reserves the right to suspend, restrict or terminate access to the website if it reasonably believes that any information provided by a user is inaccurate, misleading or fraudulent.

3. ACCOUNT REGISTRATION

Certain features of the website may require you to create an account.

You agree to:

(a) provide accurate and current information;
(b) maintain the confidentiality of your login credentials;
(c) promptly update any changes to your information; and
(d) immediately notify the Company of any unauthorized use of your account.

You shall be solely responsible for all activities conducted through your account.

SMYE shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

4. PRODUCTS AND SERVICES

The website offers fine jewellery products including, but not limited to Gold Jewellery; Silver Jewellery; Diamond Jewellery; Lab-Grown Diamond Jewellery; Gemstone Jewellery; Customized, Made-to-Order and Personalized Jewellery.

Certain products may be available in multiple metal purities, gemstone options, sizes and customization configurations.

The availability of products is subject to inventory levels, production timelines and operational constraints.

SMYE reserves the right to discontinue, modify or substitute any product at any time without prior notice.

5. PRODUCT INFORMATION

SMYE endeavours to ensure that all product descriptions, images, specifications, dimensions, weights and pricing information displayed on the website are accurate. Kindly refer to our Disclaimers for a detailed information.

6. CUSTOMISED AND MADE-TO-ORDER PRODUCTS

SMYE offers customized and made-to-order jewellery, including:

(a) engraving services;
(b) gemstone selection;
(c) metal purity selection;
(d) bespoke jewellery design services.

Customers are responsible for verifying all customization instructions before confirming an order.

Once a customized or made-to-order order enters production, modifications, cancellations, exchanges and refunds may not be available except where required by applicable law or where SMYE determines otherwise in its sole discretion.

SMYE reserves the right to refuse any customization request that is unlawful, offensive, infringing or impracticable.

7. PRICING

All prices displayed on the website are subject to change without prior notice.

Unless expressly stated otherwise, prices displayed on the website are exclusive of applicable taxes, duties, levies and governmental charges.

Product prices may fluctuate due to changes in precious metal prices; changes in gemstone prices; currency fluctuations; taxation changes; or pricing corrections.

SMYE reserves the right to correct any pricing errors, inaccuracies or omissions at any time, including after an order has been placed.

Where a pricing error is identified after order placement, the customer shall be notified and may elect to proceed with the revised price or cancel the order.

8. ORDER ACCEPTANCE

The placement of an order constitutes an offer by the customer to purchase a product.

Receipt of an order confirmation does not constitute acceptance of the order.

An order shall be deemed accepted only when SMYE confirms processing or dispatch of the product.

SMYE reserves the right to reject, cancel or limit any order in its sole discretion, including where products are unavailable; payment authorization fails; fraud is suspected; incorrect pricing is displayed; or legal or regulatory restrictions apply.

10. PAYMENT

Payments may be processed through third-party payment service providers.

SMYE does not store or retain customers' payment card information.

By placing an order, you authorize the applicable payment service provider to process the payment transaction.

SMYE shall not be liable for any errors, interruptions or failures attributable to payment gateway providers, banking institutions or third-party payment networks.

11. SHIPPING AND DELIVERY

SMYE shall endeavour to dispatch and deliver products within the timelines indicated on the website or communicated to the customer. Delivery timelines are estimates only and shall not constitute guaranteed delivery commitments.

Kindly refer to our Shipping and Delivery Policy for a detailed information.

12. DELIVERY VERIFICATION

For security reasons, SMYE reserves the right to require identity verification prior to dispatch or delivery of certain orders.

Customers may be required to provide:

(a) government-issued identification;
(b) address verification documents; or
(c) additional payment verification information.

Failure to provide the requested information may result in cancellation of the order and refund of the amount received, subject to applicable deductions.

13. EXCHANGE POLICY

Subject to SMYE's Exchange Policy and applicable law, eligible products may be exchanged within the prescribed period specified on the website.

Customized, engraved, personalized and made-to-order products shall generally not be eligible for exchange unless otherwise expressly stated by SMYE.

SMYE reserves the right to refuse any exchange request where the product fails inspection or where abuse of the exchange facility is suspected.

Exchange requests may be permitted only once in respect of a particular product and may be restricted to products of equal or higher value, subject to payment of any differential amount.

Kindly refer to our Refund Policy for a detailed information.

14. CANCELLATION OF ORDERS

Customers may request cancellation of an order prior to commencement of manufacturing, customization or dispatch.

Orders for customized, personalized, engraved or made-to-order products may not be cancelled once production has commenced.

SMYE reserves the right to cancel any order for reasons including pricing errors; stock unavailability; suspected fraudulent activity; payment authorization failure; legal or regulatory restrictions; inability to fulfil the order.

In the event of cancellation by SMYE, any amount received from the customer shall be refunded in accordance with the applicable refund process.

15. REFUNDS

Refunds shall be governed by SMYE's Return, Refund and Cancellation Policy.

Where a refund is approved, the refund shall ordinarily be processed through the original payment method used by the customer.

Processing timelines may vary depending upon banking institutions, payment gateways and applicable financial regulations.

SMYE reserves the right to withhold refunds pending verification of returned products or investigation of suspected fraud, abuse or misuse.

16. USER CONDUCT

Users shall not:

(a) use the website for any unlawful purpose;
(b) interfere with the operation or security of the website;
(c) attempt unauthorized access to systems, networks or databases;
(d) upload malicious software, viruses or harmful code;
(e) infringe intellectual property rights of the Company or third parties;
(f) submit false, misleading or fraudulent information;
(g) engage in activities that disrupt or impair the functioning of the website.

SMYE reserves the right to suspend or terminate access to users who violate these Terms.

17. USER GENERATED CONTENT AND CUSTOM DESIGN SUBMISSIONS

Where customers submit designs, sketches, images, concepts, specifications or other materials for customization purposes, the customer represents and warrants that:

(a) it possesses all necessary rights and permissions in relation to such materials;
(b) the materials do not infringe the intellectual property rights of any third party;
(c) the materials do not violate any applicable law.

SMYE reserves the right to reject any custom design request that may infringe third-party rights or expose SMYE to legal liability.

The customer agrees to indemnify and hold harmless SMYE from any claims arising from materials supplied by the customer.

18. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in and relating to the website and its contents are owned by or licensed to SMYE.

This includes, without limitation trademarks; logos; product names; product photographs; product descriptions; website content; software; graphics; designs; CAD files; marketing materials.

Nothing contained on the website shall be construed as granting any right, title or interest in SMYE's intellectual property.

Users shall not reproduce, distribute, modify, publish, transmit, display, create derivative works from or otherwise exploit any content without SMYE's prior written consent.

19. DISCLAIMER OF WARRANTIES

Except as expressly provided by applicable law, the website, products and services are provided on an "as is" and "as available" basis.

SMYE does not warrant that:

(a) the website will operate uninterrupted or error-free;
(b) defects will be corrected immediately;
(c) the website will always remain secure;
(d) the website will be free from viruses or harmful components.

To the fullest extent permitted by law, all implied warranties are hereby excluded.

Nothing in these Terms shall exclude rights available to consumers under applicable consumer protection laws.

20. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, SMYE’s aggregate liability arising out of or relating to the use of the website, products or services shall not exceed the amount actually paid by the customer for the relevant product giving rise to the claim.

Under no circumstances shall SMYE be liable for indirect losses; consequential losses; incidental damages; loss of profits; loss of opportunity; loss of goodwill; business interruption; loss of data.

The limitations set out herein shall survive termination of these Terms.

21. INDEMNITY

The customer agrees to indemnify, defend and hold harmless SMYE, its partners, employees, representatives, agents and affiliates from and against any claims, liabilities, damages, losses, costs and expenses arising out of:

(a) breach of these Terms;
(b) misuse of the website;
(c) violation of applicable law;
(d) infringement of third-party rights;
(e) customer-supplied designs or materials.

22. FORCE MAJEURE

SMYE shall not be liable for any failure, delay or inability to perform its obligations under these Terms where such failure, delay or inability results from circumstances beyond its reasonable control, including but not limited to acts of God; natural disasters; floods, earthquakes, fires or storms; epidemics or pandemics; war, terrorism, civil unrest or riots; governmental actions or restrictions; labour disputes or strikes; interruption of transportation, utilities or communication systems; cyber-attacks or widespread technology failures; or acts or omissions of third-party service providers.

In such circumstances, SMYE shall be entitled to a reasonable extension of time for performance and shall not be liable for any resulting loss or damage.

23. SUSPENSION AND TERMINATION

SMYE reserves the right, at its sole discretion and without prior notice, to suspend, restrict or terminate access to the website or any portion thereof where:

(a) a user breaches these Terms;
(b) fraudulent, unlawful or suspicious activity is detected;
(c) continued access may expose the Company or other users to legal, security or operational risks; or
(d) such action is required by law, regulatory authorities or competent governmental agencies.

Termination of access shall not affect any rights, obligations or liabilities accrued prior to such termination.

24. PRIVACY AND DATA PROTECTION

The collection, processing, storage, use and disclosure of personal information by SMYE shall be governed by the Privacy Policy published on the website.

By using the website, users acknowledge that they have read and understood the Privacy Policy and consent to the processing of personal information in accordance with applicable laws and the terms set out therein.

SMYE shall implement reasonable security safeguards to protect personal information; however, no method of transmission over the internet or electronic storage system can be guaranteed to be completely secure.

25. THIRD-PARTY WEBSITES AND SERVICES

The website may contain links to third-party websites, applications, services or resources.

Such links are provided solely for convenience and informational purposes.

SMYE does not control, endorse or assume responsibility for the content of third-party websites; the privacy practices of third parties; products or services offered by third parties; or any loss or damage arising from dealings with third parties.

Users access third-party resources at their own risk.

26. GRIEVANCE REDRESSAL

In accordance with applicable laws, including the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, customers may contact SMYE's Grievance Officer for complaints, concerns or queries relating to products, services or the operation of the website.

Grievance Officer:

Name: Pavatharani

Email: smyefinejewellery@gmail.com

SMYE shall endeavour to acknowledge and address grievances within a reasonable period in accordance with applicable legal requirements.

27. DISPUTE RESOLUTION

SMYE encourages users to first attempt to resolve any dispute, claim or grievance through good faith discussions and negotiations.

Any dispute arising out of or in connection with these Terms, the website, products or services shall, in the first instance, be referred to the SMYE for amicable resolution.

Where a dispute cannot be resolved amicably within thirty (30) days, the same shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

28. ARBITRATION

Any dispute, controversy or claim arising out of or relating to these Terms, including their interpretation, validity, performance or termination, shall be finally resolved through arbitration.

The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties.

In the event the parties are unable to agree upon the appointment of an arbitrator, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration shall be Chennai, Tamil Nadu, India.

The arbitration proceedings shall be conducted in the English language.

The arbitral award shall be final and binding upon the parties.

29. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India.

Subject to Clause 28 above, the courts and tribunals having jurisdiction over Chennai, Tamil Nadu shall have exclusive jurisdiction in respect of matters arising out of or relating to these Terms, the website, products or services.

30. SEVERABILITY

If any provision of these Terms is held to be invalid, unlawful or unenforceable by a court, tribunal or competent authority, such provision shall be deemed severed to the extent necessary, and the remaining provisions shall continue in full force and effect.

31. WAIVER

No failure or delay by SMYE in exercising any right, remedy or privilege under these Terms shall constitute a waiver thereof.

Any waiver shall be effective only if made expressly and in writing.

32. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Shipping and Delivery Policy, Return, Refund and Cancellation Policy, Product Disclaimer and any other policies published on the website from time to time, constitute the entire agreement between the user and SMYE concerning the use of the website and supersede all prior communications, understandings and arrangements relating thereto.

33. AMENDMENTS

SMYE reserves the right to amend, modify, revise or update these Terms at any time without prior notice.

Any amendments shall become effective upon publication on the website unless otherwise stated.

Users are encouraged to periodically review these Terms to remain informed of any updates.

Continued use of the website following publication of revised Terms shall constitute acceptance of such revisions.

34. CONTACT US

For any questions, concerns or requests relating to these Terms or the use of the website, please contact: