Terms and Conditions
Monica Jewellers, has its headquarters at Kadodara, Surat, India. The Platforms are owned and edited by Monica Jewellers.
- This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use MONICA JEWELLERS, including any subdomains, webpages or extension of MONICAJEWELLERS.COM. You hereby agree and acknowledge to be bound by the terms of this User Agreement.
- The use of MONICA JEWELLERS and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of MONICA JEWELLERS by accessing or browsing the Website and/or has registered as a member of MONICA JEWELLERS by submitting identification information/ registration details using the computer system of MONICA JEWELLERS and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
- Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) MONICA JEWELLERS authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of MONICA JEWELLERS by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of MONICA JEWELLERS within  days of booking the Transaction.
- Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and MONICA JEWELLERS in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India. Further, no item can be bought for full amount of Payment on Delivery. (a) in case of the price of the item bought by the buyer, being less than Rs. 10,000/- : Complete payment has to be Payment on Billing; (ii) in case of the price of the item bought by the buyer, being Rs. 10,001/- to Rs. 25,000/-: at least 50% of the total payment has to be Payment on Billing; and (iii) in case of the price of the item bought by the buyer, being Rs. 25,001/- to Rs. 2,00,000/-: at least 20% of the total payment has to be Payment on Billing;
- Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by MONICA JEWELLERS) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
- In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by MONICA JEWELLERS) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.
- Dispatch Details means the true, accurate and valid data, information, details or documents as specified by MONICA JEWELLERS from time to time, which the seller/ Logistics Partner is obligated to provide to MONICA JEWELLERS as proof that the item has been Dispatched and/or Delivered, as the case maybe.
- Information means and shall include any confidential and/or personally identifiable information or other information provided to MONICA JEWELLERS or other Users of MONICA JEWELLERS at the time of registration, buying or listing process or through any email feature and shall include without limitation Your name, email address, billing/shipping address, phone number and banking / financial information.
- Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
- Logistics Partner shall mean reputable logistics and courier company(s) preferred and approved by MONICA JEWELLERS that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services.
- Transaction means every electronically generated valid purchase order placed by the buyer for purchasing the items listed by the seller on the Website.
- Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
- Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of refund, if any.
- Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
- MONICA JEWELLERS Authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by MONICA JEWELLERS to buyers and sellers to facilitate purchase and sale of items as well as making payments there for on Website directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
:- IMPORTANT NOTE :-
- The sold Jewelry will be Purchase back on the Prevailing Market Rates and the market charges will only be deducted.
- Jewelry once broken will only be repaired not Exchanged.
- Cash back for more than 20,000/- will be only in cheque's.
- The 100% Refund on the Bought back Jewelry will not include the,Value of Gold at the Prevailing market rate.
- No Cash Will Be Refunded For The Bill Amount Less then 5,000/-
- No Refund on Pearls,American Diamond Or Gems on Brought Back Jewelry.
- The Purchase Made From Our Showroom or Website Will only Be Exchanged Within 7 Days,Cash Cannot Be Refunded.
- There May Be A Slight Difference in the Weight Of Kundan,Diamond or Stone in Studded Jewelry.
- Subject to Surat Jurisdiction Only.
- Error and Omission Emitted.
- MONICA JEWELLERS or any service provided by MONICA JEWELLERS may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
- If You represent and are registering as a business entity, by accepting the User Agreement You represent that such entity has sufficient authority under applicable law to enter into the User Agreement and You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.
REGISTRATION AND COMMUNICATION
- By registering on the Website, You agree to allow us to contact You through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by You, on the contact details provided by You. Any kind of legal implication raised, due to the incorrect nature of the details provided by You, MONICA JEWELLERS will not be held responsible for the same.
- You agree that Your sole purpose of registering or using the Website is to buy or sell unique jewelry products or such products as may be specifically notified by MONICA JEWELLERS on the Website from time to time (that are permitted to be bought and sold under applicable law) and You shall not use the Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by You in any manner.
- You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by You is true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete or MONICA JEWELLERS has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, MONICA JEWELLERS reserves the right to indefinitely suspend or terminate or block Your use or access to the Website in any manner whatsoever.
CANCELLATION BY MONICA JEWELLERS
- There may be certain orders that MONICA JEWELLERS 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 MONICA JEWELLERS 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
- Our customer can cancel the order placed within 24 hours of placing the order. We shall initiate the refund process once we have the cancellation request in written forum from the customer. Customer will get the money back through the same mode in which they have paid for the product in 3-5 Business days after cancellation receipt. In case, if the money has been deducted from your account and we haven’t received it, we shall do the refund process after we speak on the same with the bank.
RETURNS POLICY(ONLY FOR DOMESTIC CUSTOMERS)
- We guarantee the delivery of the products in intact condition. If, in case, there are any discrepancies, you can contact us on email@example.com or our customer executive on +91 7567788378 with the description and image of the received product within 24 hours of receiving the same. Some situations are however, beyond our control. They may be:
RETURNS POLICY(ONLY FOR INTERNATIONAL CUSTOMERS)
No returns or exchange policy for international transactions. They may still avail the cancellation benefits.
RBI Mandate for PAN Card and COD
- PAN CARD proof is mandatory for orders above Rs. 200,000. Order will be cancelled if the customer fails to produce the same.
- Cash on Delivery is not allowed on orders above Rs. 49,999.
All content (including MONICA JEWELLERS Materials) on the Platforms are either Copyright © MONICA JEWELLERS or are licensed for use by MONICA JEWELLERS. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
- Domestic products will reach within 14-16 days from the day of receiving the order
- International products will reach within 21-24 days from the day of receiving the order
Other than being a User, there is no separate registration requirement for buyers. MONICA JEWELLERS Authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account
You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Website. You further agree that Your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by MONICA JEWELLERS is through electronic records and You consent to receive communication from MONICA JEWELLERS via electronic records which will be deemed adequate service of notice/ electronic record.
- You understand and agree that MONICA JEWELLERS merely provide hosting services to its Users who access the Website for purchase and sale of unique jewelry products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and MONICA JEWELLERS to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of MONICA JEWELLERS or the Website to do so.
- Currently the membership on the Website is free and MONICA JEWELLERS does not levy any charges/fees for browsing or buying on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by MONICA JEWELLERS through the Website such as packing, warehousing, courier etc., the seller will be charged additional fees, as and when decided mutually. MONICA JEWELLERS reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, MONICA JEWELLERS at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of MONICA JEWELLERS shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
- All fees/ charges shall be quoted in Indian Rupees and shall be payable to MONICA JEWELLERS within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, etc. which may be levied. In case of any nonpayment, MONICA JEWELLERS reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate Your membership with MONICA JEWELLERS and disallow access to the Website. MONICA JEWELLERS also reserves the right to take any legal action against You in case of any non-payment of charges/fees to MONICA JEWELLERS.
- You agree that MONICA JEWELLERS may appoint any third party service provider, including but not restricted to one or more of MONICA JEWELLER'S affiliate to provide back-end operations and support as instructed by MONICA JEWELLERS from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
- MONICA JEWELLERS neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. MONICA JEWELLERS has no control over third parties and contents generated by the Users on the Website.
- Any information provided by You to MONICA JEWELLERS or submitted to MONICA JEWELLERS or provide or display to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely Your responsibility and MONICA JEWELLERS merely is a platform where such information is distributed, published, displayed or used by Users. MONICA JEWELLERS or the Website is not liable for accuracy, appropriateness or legality of such information.
LIMITED LIABILITY OF MONICA JEWELLERS
- In no event shall MONICA JEWELLERS or its partners, affiliates and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, MONICA JEWELLERS Authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
- MONICA JEWELLERS liability in any circumstance is limited to the amount of charges/ fees, if any, paid by You to MONICA JEWELLERS. MONICA JEWELLERS, its partners, affiliates and employees make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of MONICA JEWELLERS or the Logistics Partner or MONICA JEWELLERS Authorised payment gateway facility will be error free and/or uninterrupted. MONICA JEWELLERS provides no guarantee to its Users in respect of the products sold on the Website. Consequently, MONICA JEWELLERS assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or MONICA JEWELLERS Authorised payment gateway facility.
- Any delay, failure, interruption or errors in the operation of MONICA JEWELLERS or the Logistics Partner or MONICA JEWELLERS Authorised payment gateway facility.
- All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of the Website that You may transact with.
- You will treat MONICA JEWELLERS as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
- You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the Website or MONICA JEWELLERS or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or MONICA JEWELLERS; and
- link directly or indirectly to or include descriptions of items that are
- prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Indian Penal Code, 1860 and Information Technology Act 2000 as amended time to time and rules there under or
- are at the same time listed for sale on a website other than the Website. You shall not promote any website or webpage or link on the Website.
- In case of any violation of the above provisions, MONICA JEWELLERS has the right to immediately terminate the access or usage rights of the User to the Website without any notice and any such violating information that is displayed or submitted on the Website can be removed immediately and completely.
- You shall be responsible and liable for the legality of any product that You are offering for sale on the Website and for the listing describing the product. Further, MONICA JEWELLERS reserves the right to investigate such alleged infringement of intellectual property rights and You hereby agree to cooperate with MONICA JEWELLERS and render assistance as required.
- You shall be responsible for keeping backup versions of the information and data provided by You. You hereby agree that You will not expect MONICA JEWELLERS to restore or keep back up of Your information and data and not hold the Website or MONICA JEWELLERS accountable for any loss of data in any circumstances.
- You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from MONICA JEWELLERS or servers where information or databases are kept.
- You shall not attempt to or circumvent or manipulate any of the obligations conferred on You by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
- In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violating this User Agreement or applicable laws comes to Your knowledge, You shall forthwith take all steps to inform MONICA JEWELLERS of such violation at firstname.lastname@example.org.
- If You choose to provide feedback on the Website which is visible to other Users, You shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
- You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless You have obtained the User's express consent to do so.
- You shall not place any advertisements on the Website in any manner. Further, You shall not use the Website to promote Your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by MONICA JEWELLERS in writing.
- You agree and accept that MONICA JEWELLERS is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the MONICA JEWELLERS Authorised payment gateway facility or any other method of payment to its Users.