Terms of Use

www.ayasgold.com is owned and operated by AYA JEWELS & ACCESSORIES PRIVATE LIMITED (the legal owner of the brand "AYA'S™"). A company incorporated under the laws of India. Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with AYA JEWELS & ACCESSORIES PRIVATE LIMITED and these terms and conditions including the policies constitute your binding obligations, with AYA JEWELS & ACCESSORIES PRIVATE LIMITED. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term "We", "Us", "Our" shall mean AYA JEWELS & ACCESSORIES PRIVATE LIMITED.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non- transferable, limited privilege to enter and use the Website. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.


Availability

AYA'S™ jewelry is available for purchase through our mobile responsive e-commerce website, ayasgold.com (our "Website").


Eligibility Criteria

While AYA'S invites everyone to admire the lovely jewellery designed by its world class designers, purchases of our jewellery may only be made by those individuals who are qualified to enter into a contract as per the Indian Contract Act, 1872. When you use our Website, you are representing that (a) all registration information you submit is truthful and accurate; (b) you will maintain accuracy in the information you provide us; (c) that you are fully able and competent to enter into the terms of sale we have mentioned here. You also acknowledge that AYA'S does not have the responsibility of ensuring that you meet these requirements. AYA'S has the right to grant or refuse usage of its services available on the Website and App to you, at any time, without having to assign a reason.


Using Our Website

When you use our Website, you are representing to us that:

  1. Your use of the Website and/or App shall not violate any applicable law or regulation.
  2. All registration information you submit is truthful and accurate.
  3. Your use of the Website, or its content is only for a personal purpose. Your personal and non-commercial use of the Website is subject to the following restriction (a) you may not modify any content of the Website, such as public display, description, performance, sale, rental, pricing of the jewellery; (b) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content.
  4. You shall not access or use the Website in any manner that may be harmful to the operation of the Website or its content.
  5. You shall not (a) use any product or service available on the Website for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use in any public forum for commercial purposes of any kind, or (c) use the Website and/or Services in any way that is unlawful, or harms AYA'S or any other person or entity.
  6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website.
  7. You will not engage in any form of antisocial, disrupting, or destructive acts, including flaming, spamming, flooding, trolling, phishing and griefing as those terms are commonly understood and used on the Internet.
  8. You will not delete or modify any content of the Website, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.

AYA'S cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance. When you use our Website, you may have access to a link that directs you to a different site. The site you will enter into is not controlled by us and different terms of use and privacy policy may apply. We are not responsible for those sites, and may disable these links, although we are under no obligation to do so. All information, content and material contained in the Website belong to AYA Jewels & Accessories Private Limited, and is its copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to AJPL. No information, content or material from the Website and/or App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the AJPL's express written permission.


Registering with Us

In order to purchase our products, you may need to register on our Website, and create a "Member" account. Your account gives you access to our products and functionality that we may establish and maintain from time to time, and at our sole discretion. By completing the registration process you are warranting to us that (a) all the data provided by you is accurate and complete and you will maintain the accuracy of such information; (b) you are over 18 years of age and are fully able and competent to enter into our terms, conditions, obligations, affirmations, representations, and warranties, and to abide by them; (c) you will use the Website and App only in compliance with our terms of use, and all applicable local, state, national, and international laws, rules and regulations. Your profile may be deleted by us, without warning or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under these terms or our Privacy Policy, available on our Website. We would require you to provide your full legal name, valid email address and any other information requested from you in order to complete the registration process to be able to purchase the products. If you provide us with incorrect details, we are not responsible for any loss or damage that may occur while trying to deliver the products to you. The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other reasons whatsoever, at our sole discretion. By registering on our Website, you consent to such disclosure.

Upon completing the registration process you will be provided with a password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You will immediately notify us of any unauthorised use of your password, by sending details of such unauthorised use to: cs@ayasgold.com

You are responsible for making all arrangements necessary for you to have access to our Website, and for ensuring that all persons who access our Website through your internet connection and server are aware of these terms, and that they comply with them. You are also solely responsible and liable to us for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability, and we shall not be liable to you for any damages arising from your inability to log into your account.

Once you complete registration on the Website, you will be a member which:

  1. Allows you to access and use the services provided in the Website;
  2. Allows us to contact you in order to inform you of changes to the terms of use of the Website or describing new services that we enable on the Website; and
  3. Allows you to purchase our products, subject to these terms and conditions.

By providing us with your email address, you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: cs@ayasgold.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.


Remember while Using Our Website

  1. The information, content and materials on our Website are provided on an "as is" and "as available" basis
  2. We make all reasonable efforts to display the products listed for sale on our Website as accurately as possible. However, we cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. We do not warrant that product description or other content are accurate, complete, reliable, current or error free. While we make every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, we reserve the right to refuse the sale of that item.
  3. We do not warrant that the functions contained in content, information and materials on the Website, including, without limitation any third party sites or services linked to the Website and/or App will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website, App or the servers that make such content, information and materials available are free of viruses or other harmful components.
  4. Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
  5. You hereby indemnify, defend, and hold AYA Jewels & Accessories Private Limited, its distributors, agents, representatives and other authorised users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
  6. You expressly understand that under no circumstances, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (a) the use or the inability to use the Website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Website; or (e) any other matter relating to the Website.
  7. We or any of the foregoing entities' respective resellers, distributors, service providers and suppliers shall be relieved of all our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither we, nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the Website and/or App and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
  8. Each paragraph, clause, sub-clause and provision mentioned here shall be severable from each other, and if for any reason, any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of these terms of use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid terms of use, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.
  9. Those who access the Website do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
  10. All the contents on the website, of any manner, whatsoever, is copyrighted work protected under the Indian Copyright Act, 1957. The unauthorised reproduction and distribution of our copyrighted work via the internet without our express permission constitute copyright infringement under the Copyright Act, 1957. Your act of infringement of our copyrighted material and proprietary rights make you liable for action in law that includes prosecution under the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973.
  11. If you breach the terms mentioned here, you shall be promptly liable to indemnify AYA JEWELS & ACCESSORIES PRIVATE LIMITED (AJAPL) for all the costs, losses and damages caused to AJAPL as a result of such a breach. Further in the event of your breach, you agree that AJAPL will be irreparably harmed and will not have an adequate remedy in money or damages. AJAPL therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. AJAPL's right to obtain such relief shall not limit its right to obtain other remedies.
  12. Any failure of AJAPL to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision.

Order

If you wish to purchase an item from the Website, you shall:

  1. Choose from the selection of jewellery available on the Website, and add the item to the shopping bag, choose a payment option and proceed further;
  2. To make a purchase, you may be required to register on the Website, after adding the item(s) to the shopping cart. You may also be required to provide any other mandatory information required under law like Personal Account Number (PAN) at the time of purchase
  3. To confirm the orders, AYA'S may at random, call and ask a verification question or request for a One Time Password.
  4. AYA'S will confirm the order post such verification.

Product Availability

We may not own any of the jewellery and other products listed on the Website. In such cases, we only order the products listed on the Website from third party traders and merchants, after the order is confirmed by you and it will be delivered to you. In such a scenario, there is a possibility that the item ordered by you might have been traded since it was listed on the Website and might not be available at that point of time.

In the event the chosen jewellery are not available at that point of time, we will call you and suggest an alternative jewellery. In case you choose any alternative jewellery, we shall confirm the new order. If the cost of the new selection is more expensive than the previous one, you shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, we shall refund the excess amount to you in the manner specified here. If you decide not to choose any alternative jewellery we shall refund you the amounts paid to us, if any for the specified order.

Diamond/gemstone prices vary from one category to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the jewellery and other factors have an impact on the price of the diamond/gemstone. The demand and supply of diamonds/gemstones in the market can also affect their price. The prices stated on the Website and/or App may be substantially higher or lower than the actual prices in the retail markets.

All pricing information available on the Website must be used as a general guideline for diamond and gemstone prices. While this Website and/or App is designed to provide the most accurate pricing information, the information about the diamonds/gemstones does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds/gemstones. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the service.

The prices on the Website and/or App are subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website and/or App are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at cs@ayasgold.com.


Advance or Part Payment

We may, at our sole discretion, request you to pay a percentage of the value of the transaction as an advance at the time of placing the order. The balance payment for the order shall be paid by you at the time of delivery of the product. Failure to pay the balance amount at the time of the delivery of the product shall be treated as a cancellation of the order. Any advance amount paid by you at the time of placing the order shall not be refunded by us in the event of cancellation of the order by you, for any reason whatsoever.

We, 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 authorisation of any transaction, on account of the cardholder having exceeded their pre-set limit.


Indemnification

In order to purchase our products, you need to comply with our terms of use, which we have provided here. You agree to defend, indemnify and hold harmless AJAPL, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any of these terms; (c) your violation of any third party right, including without limitation, any copyright, property, or privacy right; (d) the committing of any of the prohibited activities as stated here; or (e) any claim that your use of the Website caused damage to a third party.


Limitation of Liability

In no event shall AJAPL, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not AJAPL has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with, your use of, or access to, the Website, or services.


Relationship

You acknowledge that your participation in the service, does not make you an employee or agency or partnership or joint venture or franchise of AJAPL.

We reserve the right to modify or terminate any portion of the Website for any reason, without notice and without liability to you or any third party.