Terms and Conditions

Please read these terms of use carefully before using this this website. If you do not agree to this Terms of Use you may not use this Website. By using this Website, you signify your agreement to these Terms of Use as well as the Website's Privacy Policy (which is hereby incorporated by reference herein.). These Terms of Use set out the legally binding terms of the Services available on the Website as well as the terms of use of this Website. This Terms of Use along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website ("Users") as well as users who are registered and are authorized by the Website to transact business on the Website ("Members"). The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes.


Definitions

"Jewellery" means the jewellery that is predesigned or jewellery set with stones, processed stones or just metal (including, but not limited to, silver or gold) that are available for sale on our website. Please note that all Jewellery is sold "as is" and does not allow the Members to make any changes on them. "Mounts" are defined as designs which may or may not hold a gemstone / gemstones in place. Members can select Mounts and gemstones separately to create customized Jewellery.

“Hydro” refers to gemstones created via a hydrothermal process. It is not a naturally formed gemstone.

“Quartz” refers to an amalgamation of two gemstones, either natural or processed.

“Cultured” is used to describe pearls that are created by a pearl farmer either in fresh water or in sea water under controlled conditions.


Description of Services

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item.


Registration

All Users will be required to register on the Website and become Members prior to the completion of any transaction / purchase on the Website.
To register on the Website, the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password.
Registration is only a one time process and if the Member has previously registered, he shall login / sign into his / her account. You will be required to provide us with your name and other details, including, but not limited to, e-mail, contact number, contact address and customer verification question (example: your mother's maiden name), which will be used for verification purposes.


Order

Any Member who wishes to purchase an item from the Website can choose from the selection of Jewellery available on the Website and add it to the shopping cart. Only registered Members can make purchases online. If a User wishes to make the purchase, the User will be required to register with the website after adding the item to the shopping cart. All orders are considered complete only after the payment has been received by Creative Gems and Jewels (www.creativegems.in).

To confirm the orders, Creative Gems and Jewels (www.creativegems.in) may, at random, call up the Members who have placed orders through the Website and ask the Member a verification question. Creative Gems and Jewels (www.creativegems.in) will confirm the order only after the verification question is answered by the Member.

Once the purchase of the item(s) is confirmed by the Member, Creative Gems and Jewels (www.creativegems.in) will proceed with processing the order of the Jewellery and deliver it to the Member.


Product Availability

Creative Gems and Jewels (www.creativegems.in) may not have the product listed on the Website available for purchase. In such cases, the Member can contact Creative Gems and Jewels (www.creativegems.in) to determine if the product can be made to order. Upon confirmation that the piece can be re-created, and confirmation of the purchase by the Member, the order will be processed and the product will be manufactured and then delivered. If the product cannot be created, the Member will be notified accordingly.

In the event the product(s) get(s) traded in the market before making the payment / completing the order, Creative Gems and Jewels (www.creativegems.in) will contact the Member and suggest an alternate product to purchase. In case the Member chooses a new product, Creative Gems and Jewels (www.creativegems.in) shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, Creative Gems and Jewels (www.creativegems.in) shall refund the excess amount to the Member in the manner specified below in this Terms of Use.


Packaging

Every jewellery package from Creative Gems and Jewels is shipped in durable, tamper-proof packaging. The item will be delivered in an exclusive Creative Gems and Jewels box along with the invoice.


Shipping & Delivery

Creative Gems and Jewels (www.creativegems.in) offers FREE shipping on every order within India. Your order will be shipped to you fully insured. Customers are required to inspect the package for any damage or tampering before receiving and signing for the delivery.
Products will be shipped and delivered free via one of the following carriers:

  • DTDC
  • SPEED POST
  • PROFESSIONAL COURIERS

If the recipient is not available at the time of delivery, the courier company shall try and deliver the item thrice before returning the same to Creative Gems and Jewels (www.creativegems.in). All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistency in name or address will result in non-delivery of the product.


Exchange, Returns and Money-Back

Every piece purchased from Creative Gems and Jewels has been inspected to ensure that the highest quality product has been created and delivered. However, if, for any reason, you wish to return an item, we will gladly work with you to address the issue or exchange the product.

The terms and conditions of our exchange and return policies are listed below.

Exchange and Return within 7 Days

If you are not satisfied with the product purchased, it can be returned to us within 7 days of receipt for a 100% refund on the full value of the product. Shipping and applicable taxes will be borne by the Customer. Any products that have been customized for you cannot be returned. If the product is damaged, you can contact us within 7 days of receipt to file a complaint. One of our representatives will get in touch with you to assess the damage and the time and cost required to fix it.


Exchange and Return after 7 Days

After 7 days, if an item needs to be exchanged or returned, the Customer will need to come to one of our retail stores (located in Bangalore at Indiranagar, Commercial Street, Malleswaram (Mantri Mall)). You have the option of 50% exchange of the full invoice value.


Damaged products

Any item that is brought to the store in a damaged state will not be applicable for exchange. One of our representatives will assess the damage and determine if it can be repaired, and the time and cost to repair the product will be determined.


Refunds

Any refunds due by Creative Gems and Jewels (www.creativegems.in) to the Member for non-availability of products shall be made by Cheque or wire transfer - The refund amount shall be deposited into the bank account of the Member by the Creative Gems and Jewels (www.creativegems.in) within seven (7) business days after the receipt of request for refund by the Member.


Return Policy

The exchange and return policies are subject to terms & conditions as mentioned below:

  • Customized jewellery which includes personalized/engraved products manufactured/ordered in line with specific instructions from the Customer is not eligible for return.

  • Once the item returned has been received, our Quality Assurance department will review the product. Any items that show signs of wear or have been altered, resized (by anyone other than Creative Gems and Jewels), or damaged cannot be accepted for return.

  • The product should be accompanied with the Original/Copy of Invoice for all returns/exchange within the 7 Day period. Submission of the Invoice is mandatory for all Exchange/Money back after the 7 Day Exchange Period.

  • In the event that the Customer cannot produce the original documents, Creative Gems and Jewels will attempt to trace the invoice within 7 days. Usage of fraudulent documents or fraudulent use will incur litigation.

  • The return amount will be determined by our team at Creative Gems and Jewels (www.creativegems.in). If any Coupon, Discount or Promo Codes are used during the original purchase, the amount will be reduced by the amount equivalent to the Coupon, Discount or Promo Codes.

  • For all Money Back transactions, Value Added Tax at the applicable rate shall be deducted from the money back value. The prevailing rate is 1%.

  • For the Money back process, the payment shall be made by way of an account payee cheque within 15 days of receipt of product along with the Invoice subject to quality confirmation and acceptance.

  • Creative Gems and Jewels reserves the right to change the exchange price of the product based on the Quality Inspection.

  • For a product exchange, the customer will have to pay the difference in price between the new product chosen and the valuation of the old product before dispatch.

  • For the Exchange/Return policy, if the product is purchased at a discounted price under any promotion, Creative Gems and Jewels will only refund the discounted price as per the invoice, in compliance with the exchange policy.

BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

  • YOU ARE 18 YEARS OF AGE OR OLDER AND THAT YOUR USE OF THE WEBSITE AND / OR SERVICES SHALL NOT VIOLATE ANY APPLICABLE LAW OR REGULATION.

  • ALL REGISTRATION INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE AND THAT YOU AGREE TO MAINTAIN THE ACCURACY OF SUCH INFORMATION.

  • YOUR MEMBERSHIP IS SOLELY FOR YOUR PERSONAL AND NON-COMMERCIAL USE. ANY USE OF THIS WEBSITE OR ITS CONTENT OTHER THAN FOR PERSONAL PURPOSES IS PROHIBITED.

  • YOU WILL NOT (a) USE ANY PRODUCT OR SERVICE AVAILABLE ON THE WEBSITE AND / SERVICES 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 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 CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) OR ANY OTHER PERSON OR ENTITY.

  • CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER, CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.

  • YOU HEREBY INDEMNIFY, DEFEND, AND HOLD CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN), CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN)'S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM YOUR USE OF THE WEBSITE.

  • YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY 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: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND / OR SERVICES; OR (ii) 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 AND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

  • CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY'S 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 THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY 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 SERVICES 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

  • EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE 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 THIS 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.

  • THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERMS OF USE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDER OR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT BANGALORE.

  • IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) FOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) AS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOUR BREACH OF THIS TERMS OF USE, YOU AGREE THAT CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) WILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN)'S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES.

  • ANY FAILURE OF CREATIVE GEMS AND JEWELS (WWW.CREATIVEGEMS.IN) TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION.