Welcome to Diamond Mela Jewels Limited! A Website owned and operated by “Diamond Mela Jewels Limited” (“DMJL” or “Company” or “Our/ We”), a company incorporated under the laws of India whose registered office is at 119A, Floor- 1, Plot -21 Panchratna, Mama Parmanand Marg, Opera House, Girgaon, Mumbai - 400004, Company is in the business of e-commerce selling diamond jewellery through its website ‘www.diamondmela.com’. Please read carefully the following Website Terms and Condition, which may be updated by the Company from time to time without notice to you (the Website Terms and Conditions, as modified from time to time, the “Terms”). The most current version of the Terms can be accessed at any time at the website of the Company www.diamondmela.com.
We are committed to protecting your privacy. Authorized employees within DMJL on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data which are governed by the Information Technology Act, 2000. We will investigate and take such appropriate actions with a view to prosecuting and/ or taking civil proceedings to recover damages against those responsible.
You acknowledge and agree that DMJL may amend this Agreement at any time by posting a revised version of this Agreement on the Website at DMJL sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. DMJL does not and shall not assume any obligation to notify Users of any changes to this Agreement, or the creation, addition, deletion, edition or modification of any additional terms. Users shall be responsible for regularly reviewing and remaining knowledgeable about the Terms of this Agreement.
Use of the Website is permitted only by individuals who can enter into legally binding contracts under the applicable Law. Without limiting the foregoing, use of the Website is not permitted by anyone under the age of 18. If the User does not qualify, User should refrain and should not use the Website. By using the Website, User agrees and represents that the User is legally competent to enter into this valid and enforceable Agreement.
Our site includes text, drawings, graphics, logos, icons, images, audio and video material, photographs, programmes and technology protected by intellectual property rights. The Company’s and third party verbal or graphic trade-marks, logos and names of products are protected by the Law on Marks and Patent Law. Each use that is not expressly permitted under the applicable laws or that is not necessary for the intended use of our site requires the Company’s prior written consent. This applies in particular to the commercial reproduction, modification, distribution, translation or storage of copyrighted material. In any case the Company’s status (and that of any identified contributor) as author of material on the Company’s Website has to be acknowledged.
Our pricing is calculated using current precious metal and gem prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices change as well.
Prices on the Website are subject to change without notice. Please expect to be charged the price for the merchandise you buy as it is listed on the day of purchase of the product by the User.
5.1 Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing State Bank of India’s (“SBI”) base rate on the outstanding balance until such time as the balance is paid in full and final settlement. DMJL reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via any collection Agencies and/or through the Small Causes Court in the event that the outstanding balance does not exceed [●]4 . In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
5.2 Returned cheques will incur a [●] to cover banking fees and administrative costs. In an instance of a second Returned cheque, DMJL reserves the right to terminate the arrangement and, if agreed to, DMJL shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
7.1 DMJL owner shall not be responsible for and disclaims all such liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
7.2 DMJL 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 for any Transaction, on Account of the User’s Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
External links may be provided for User’s convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
If there is a conflict or contradiction between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
The following Terms & Conditions shall apply to Users utilising the services offered by DMJL for registering the request:
Except as expressly permitted under this Agreement, no refunds for any cancellations would be given.
DMJL reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. DMJL also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of DMJL and/or other visitors to the Website. DMJL reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
User shall agree to indemnify and hold DMJL, its affiliated companies, and its suppliers and partners harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connected therewith and interest chargeable thereon) asserted against or incurred by DMJL, its affiliated companies, employees, directors, officers, its suppliers and partners that may arise out of, result from, or may be payable, by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the member pursuant to this Agreement and/ or the Terms. DMJL does not provide any indemnification to any member of DMJL.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website User expressly agrees that any such dispute shall be governed by the laws of India without regard to its conflict of law provisions, and expressly agrees and consents to the exclusive jurisdiction and venue of High Courts at Mumbai, for the resolution of any such dispute.
At the sole option of DMJL, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the Arbitrators under the Arbitration and Conciliation Act, 1996 under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator. DMJL may elect, in its sole discretion, not to use arbitration for any individual, claim that you properly file and pursue in court. If arbitration is chosen by DMJL with respect to a claim, the User will not have the right to litigate the claim in court, have a jury trial, or engage in pre-arbitration discovery except as provided for in the ICA (Indian Council of Arbitration) rules of arbitration. Further, User will not have the right to participate in any sessions of claimants pertaining to any claim subject to arbitration. Other rights that User would have would not be available to the User in arbitration.
Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The information contained in this Website is for general information purposes only. The information is provided by DMJL and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this Website.
Through this Website you are able to link to other Websites which are not under the control of DMJL. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, DMJL takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.