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Terms & Conditions

TERMS & CONDITIONS

These terms and conditions apply to the KAJ Fine Jewellery website located at www.kajewellery.com, and all associated websites linked to www.kajewellery.com by KAJ Fine Jewellery, order through our catalogue or on our toll free telephone order line or visit any of our stores its subsidiaries and affiliates (collectively ‘the site’). Please read these terms and conditions (the ‘terms and conditions’) carefully. By using the site, you agree to be bound by these terms and conditions. These terms and conditions govern your use of, and any purchase from, the KAJ Fine Jewellery site, and constitute an agreement between you and KAJ Fine Jewellery. KAJ Fine Jewellery reserves the right to change or modify any of these terms and conditions or any policy or guideline of the site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the site. Your continued use of the site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the site. If you do not agree to the amended terms, you must stop using the site.


Product Availability and Pricing

If you’re interested in a piece of jewellery that is currently on back order, call us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the site. If this happens, we will contact you directly to discuss possible options. Data, including prices, may be inaccurately displayed on our site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologise for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact our customer services department at KAJ Fine Jewellery, 1st Floor Makhija Chambers, 196 Turner Road, Bandra (West), Mumbai – 400050 or by email at www.kajewellery.com. We do not negotiate prices on our products and all our prices are final.


Diamond Certificates

When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate). These grading reports are detailed documents created by diamond grading experts at one of two highly-respected diamond laboratories – making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of INR 10,000.


Comparison Purchasing

To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewellery item, please contact us at +91-9930393939 (10am – 6pm IST, Monday – Friday) or by email at www.kajewellery.com, and we would be happy to help you make your choice.


Information on our Site

At KAJ Fine Jewellery, we make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards KAJ Fine Jewellery states that carat total weight in all purchases may vary 0.05 carats from stated weight. On the site, we provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.


Privacy Policy

Please refer to our privacy policy for information on how KAJ Fine Jewellery collects, uses, and discloses personally identifiable information from its customers.


Site Content

the site and all content and other materials, including, without limitation, the KAJ Fine Jewellery logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the ‘site materials’) are the proprietary property of KAJ Fine Jewellery or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.


Trademarks

KAJ Fine Jewellery, the KAJ Fine Jewellery logos, and any other product or service name or slogan contained in our site are trademarks of KAJ Fine Jewellery and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KAJ Fine Jewellery or the applicable trademark holder. You may not use any metatags or any other ‘hidden text’ utilizing KAJ Fine Jewellery or any other name, trademark or product or service name of KAJ Fine Jewellery without our prior written permission. All other trademarks, registered trademarks, product names and KAJ Fine Jewellery names or logos mentioned in our site are the property of their respective owners.


Use of the Site

You are granted a personal, limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our site materials for your informational, non-commercial and personal use only. Such license is subject to these terms and conditions and does not include: (a) any resale or commercial use of our site or the site materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any site materials, (d) modifying or otherwise making any derivative uses of our site and the site materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our site, the site materials or any information contained therein, except as expressly permitted on our site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our site or the site materials other than for its intended purpose. Any use of our site or the site materials other than as specifically authorized herein, without the prior written permission of KAJ Fine Jewellery, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. This license is revocable at any time.


Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, KAJ Fine Jewellery has adopted a policy of terminating and barring, in appropriate circumstances and at KAJ Fine Jewellery’s sole discretion, site users or account holders who are deemed to be repeat infringers. KAJ Fine Jewellery may also at its sole discretion limit access to this site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


Third Party Content

KAJ Fine Jewellery may provide links to web pages and content of third parties (‘third party content’) as a service to those interested in this information. KAJ Fine Jewellery does not monitor or have any control over any ‘third party content or third party sites. KAJ Fine Jewellery does not endorse any ‘third party content and can make no guarantee as to its accuracy or completeness KAJ Fine Jewellery does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any ‘third party content. Users use these links and ‘third party content contained therein at their own risk.


Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, KAJ Fine Jewellery, or our products or services that are provided by you to KAJ Fine Jewellery are non-confidential and shall become the sole property of KAJ Fine Jewellery. KAJ Fine Jewellery will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant KAJ Fine Jewellery, its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.


Indemnification

You agree to defend, indemnify and hold harmless KAJ Fine Jewellery, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through our site or your use of or inability to use our site, including without limitation any actual or threatened suit, demand or claim made against KAJ Fine Jewellery and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the content, your conduct, your violation of these terms and conditions or your violation of the rights of any third party.


Disclaimer of Warranty

Except as expressly provided to the contrary in a writing by KAJ Fine Jewellery, this site, the content contained therein and the products and services provided on or in connection therewith (the ‘products and services’) are provided on an ‘as is’ basis without warranties of any kind, either express or implied. KAJ Fine Jewellery disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, content, and materials in our site. KAJ Fine Jewellery does not represent or warrant that materials in our site or the services are accurate, complete, reliable, current or error-free. KAJ Fine Jewellery does not represent or warrant that our site or its servers are free of viruses or other harmful components.


Limitation of Liability

In no event shall KAJ Fine Jewellery, its directors, members, employees or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of our site, the products and services, or the content contained in or accessed through our site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from KAJ Fine Jewellery, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to KAJ Fine Jewellery’s records, programs or services.


Applicable Law and Venue

These terms and conditions and your use of this site will be governed by and construed in accordance with the laws & exclusive jurisdiction of the courts of Mumbai, India, applicable to agreements made and to be entirely performed within the exclusive jurisdiction of the courts of Mumbai, India, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in exclusive jurisdiction of the courts of Mumbai, India and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these terms and conditions.


Modification and Notice

You agree that KAJ Fine Jewellery may modify these terms and conditions and any other policies on our site at any time and that posting the modified terms and conditions or policies on our site will constitute sufficient notice of such modification.


Termination

Notwithstanding any of these terms and conditions, KAJ Fine Jewellery reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the site.


Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.


Comments or Questions

If the user has any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or desires to provide input on the information, the website, material provided by another user or the use of the website by another user, the user may contact KAJ Fine Jewellery, 1st Floor Makhija Chambers, 196 Turner Road, Bandra (West), Mumbai 400050, by telephone at +91-9930393939 (10am – 6pm IST, Monday – Friday) or by email at www.kajewellery.com


Complaints

If a user wishes to lodge any complaints for misuse or abuse of the facilities available on the website by another user, such user may contact KAJ Fine Jewellery, 1st Floor Makhija Chambers, 196 Turner Road, Bandra (West), Mumbai 400050, by telephone at +91-9930393939 (10am – 6pm IST, Monday – Friday) or by email at www.kajewellery.com