02. ORDERING FROM US

2.1  You are deemed to have placed an order with us once you have used our online checkout process or you have placed an order over the phone or at our office. As part of our checkout process, you will be given the opportunity to recheck your order and to correct any errors. On receipt of your instruction, we will send an acknowledgement detailing the item(s) you have requested.

2.2  Acceptance of an order is deemed to have taken place when we send a confirmation email. At this stage, the purchase contract will come into effect and you will be charged unless we have notified you previously that we are unable to accept your order or have received a timely cancellation

2.3  Any order may be refused at our discretion. Circumstances likely to result in a refusal are:

a) Where we cannot obtain authorisation for your payment
b) If there has been a pricing or product description error
c) If you do not meet any eligibility criteria set out in our terms and conditions
d) Where goods, services or information ordered by you are not available
e) If we do not deliver to your area

2.4  In the event that we do not accept your order but have processed your payment we will re-credit your account as soon as possible. This will be no longer than 30 days from receipt of your order. We will not be obliged to pay any additional amount as compensation for disappointment

2.5  We will do our absolute best to achieve a requested target delivery date, but we are not liable to pay compensation should we fail to meet a target date.

03. PRICING

3.1  All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

04. DELIVERING

4.1  We will deliver goods as soon as possible to the address you gave us for delivery.

4.2  If the items we deliver are not what you ordered, are damaged or defective, or the quantity is incorrect, we shall not be liable unless you notify us, in writing, at our contact address within 10 working days of delivery.

4.3  If you do not receive your items within 21 days of your scheduled delivery date we shall not be liable unless you notify us, in writing, at our contact address within 10 days following the 21 days.

4.4  If you notify a problem to us under these conditions you have the right to request one of the following options:

4.5  If you do not receive your items within 21 days of your scheduled delivery date we shall not be liable unless you notify us, in writing, at our contact address within 10 days following the 21 days.

05. Product Liability

5.1  Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 4.3(c) above.

5.2  You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

5.3  Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

06. Cancelation of Contracts for goods & returns policy - FOR CONSUMERS ONLY

6.1  This section applies to consumers only (not businesses or other organisations) who place an order with us.

6.2  You can return goods you have ordered from us for any reason, except where the item is excluded as in clause 6.3.1, below. The return must be made within 7 days of receipt for a full refund or exchange, provided that you return the item in an unworn, as new, condition, in its original packaging and with all documentation.

6.3  Items not covered by our money back guarantee include rings with engraving and bespoke designs that we have created, or customised, to your specification. For bespoke designs, we can arrange on request for you to see a computer model when the item is being finalised. This ensures you can be sure of the detailing before we cast your piece of jewellery.

6.4  Upon receipt of the returned goods we will give you a full refund or an exchange credit as required.

6.5  The rights to return the goods to us as referred to in clause 6.3 will not apply if the product has been used or has been made or customised specifically for you. The provisions of this clause do not affect your statutory rights.

07. Licence

7.1  You are permitted to print and download extracts from this website for private use only on the following basis:

a) No documents or related graphics on this website can be modified in any way
b) No graphics on this website to be used separately from accompanying text
c) Copyright and trade mark notices and this company name appear in all copies

7.2  Unless otherwise stated, the copyright and other intellectual property rights for all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause is prohibited. Should you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must destroy any such material immediately.

7.3  No part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.

7.4  Any rights not expressly granted in these terms and conditions are reserved.

08. Service Access

8.1  While we endeavour to ensure that this website is normally available 24 hours a day we will not be liable if it is unavailable for any period of time or for any other reason.

8.2  Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond our control.

09. Visitor Material & Conduct

9.1  Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text or anything else embodied therein for any and all commercial or non-commercial purposes.

9.2  You are prohibited from posting or transmitting to or from this website any material:

a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
b) For which, you have not obtained all necessary licenses and/or approvals
c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of, any third party in the India or any other country?
d) That is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.

9.3  You may not misuse the website, including, without limitation:

a) Hacking
b) Impersonating any person or entity
c) Falsely misrepresenting your affiliation with a person or entity
d) Stalking or harassing
e) Collecting or storing personal data about other users.

9.4  We will co-operate fully with any law enforcement authorities, or court order, requesting or directing us to, disclose the identity or location of anyone posting any material in breach of these terms and conditions.

9.5  It is your responsibility to determine that any input to our site, including the use of any chat room areas and including your choice of your user name, conforms to the above conditions.

9.6  If you notice any content that breaches these conditions please notify us by email to support@kasturidiamond.com.

10. Links to & Form Other Websites

10.1  Links to third party websites are provided solely for your convenience. By using these links you will be leaving the kasturidiamond.com website. We cannot accept any responsibility for the content or availability of third-party websites. We, therefore, do not endorse or make any representations about the sites themselves, any material found there, or any adverse results obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

10.2  If you would like to link to our website you may only do so on the basis that you link to, but do not replicate, the home page. Such links are subject to the following conditions:

a) You must not remove, distort or otherwise alter the size or appearance of the Kasturi Diamond logo
b) You must not create a frame, or any other browser, or border environment, around this website
c) You must not in any way imply that Kasturi Diamond are endorsing any products or services other than our own
d) That is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
e) You must not otherwise use any Kasturi Diamond trademarks displayed on this website without our express written permission
f) You must not link to us from a website that is not owned by you.
g) You must ensure that your website does not contain content that is: distasteful; offensive; controversial; infringes any intellectual property rights, or other rights, of any other person; or otherwise does not comply with all applicable laws and regulations

11. Registration

11.1  To register with www.kasturidiamond.com you must be at least eighteen years of age.

11.2  Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your username and password with any other person nor with multiple users on a network.

11.3  Responsibility for the security of any passwords rests with you and if you know, or suspect, that someone else knows your password you should contact us immediately.

11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. Disclaimer

12.1  While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material therein. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date and we make no commitment to update such material.

12.2  The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to this Website.

12.3  Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event, or series of related events, is limited to the total amount of money which you have paid to us in the 12 months before the event(s) complained of.

12.4 no circumstance (including our own negligence) will we be liable for any:

a) Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
b) Loss of goodwill or reputation
c) Special, indirect or consequential losses
d) Damage to, or loss of, data (even if we have been advised of the possibility of such losses)

12.5 Nothing in these terms and conditions shall exclude or limit our liability for:

e) Death or personal injury caused by negligence
f) Fraud
g) Misrepresentation as to a fundamental matter
h) Any liability which cannot be excluded or limited under applicable law

12.6 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website or our services, or the use by any other person using your registration details.

13. Governing Law & Jurisdiction

13.1  These terms and conditions shall be governed by, and construed, in accordance with Indian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Pune, India courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

13.2  We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside India. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations India you do so at your own risk and you are responsible for compliance with local laws.

14. Miscellaneous

14.1  No person, other than the parties to these terms and conditions, are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

14.2  You may not assign, sub-license, or otherwise, transfer any of your rights under these terms and conditions.

14.3  If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.