CUSTOMER INFORMATION AND TERMS AND CONDITIONS
1. Applicability
These general terms and conditions apply to all orders through www.amitgems.com (“the Website”). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
2. Contracting Party
This Website for selling goods over the Internet is run by Amit Gems, 360, Gurunanak Pura, Raja Park, Jaipur-302004, Rajasthan, India. This is where you can place complaints or assert statutory warranty claims.
You can reach our customer service on any issues at support@amitgems.com
3. Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Amit Gems. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.
You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is a reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
4. Availability
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.
There is no liability for lack of items in stock or for products not being available.
Any commercial resale or distribution of Amit Gems products sold on the Website is strictly prohibited.
Please note that after your order is confirmed, no requests to change or cancel it can be considered.
5. Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
6. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.
Amit Gems has its headquarters in Jaipur, India. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
7. Payment conditions
The purchase price for goods ordered is due when you place your order. Payment may be by credit card (by entering your card data on the Website). You may settle our claims for payment only by using uncontested or final and unappeasable receivables.
If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.
Prepayment:
For special orders (e.g. high order amount, Limited Editions) Amit Gems offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately.
Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers.
In case the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Amit Gems has the right to cancel your order.
An invoice will also be sent with your package. Prepayment is not available for Electronic Gift Cards.
8. Delivery and Reservation of Title
The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 10-15 working days after the working day following your order. Please allow an additional delivery time of 2-3 working days for customized products. You can find our holidays, on which no orders are processed, in our Online Shop Assistant. If you so request, we will make efforts to deliver the goods at a specific time, but generally, cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property.
Upon receipt, the shipment must be checked for accuracy and completeness.
9. Right to Cancel
As a consumer, you may cancel your order without indicating any reasons within 14 days after receipt of the goods, thereby withdrawing from the contract. The 14-day period starts on the day after you receive the goods. If you exercise this right in a timely fashion, you are no longer bound by your order. Customized products are excluded from the right to withdraw.
You can get additional information and assistance in returning items that have been ordered and the return address for your country on our Website under “Customer Service – Return Policy”. The cancellation may be sent in writing or on another long-lasting storage medium to the address in clause 2 above or by sending the goods to the address listed on our Website under “Customer Service – Return Policy“. Timely sending is sufficient to meet the deadline. The products must be in original condition with their original packaging and the return voucher must be attached to the products.
If you cancel an order, you are obligated to return the goods to the address listed on our Website under “Customer Service – Return Policy“. The return shipment must be made no later than 14 days after cancellation has been announced.
The costs will be reimbursed only if the goods are received unused and in original condition at the address indicated above. Please note that if you pay by gift card, the amount paid can be reimbursed only as a voucher. If partial payment is made by voucher, the voucher will first be recharged and then you will be credited.
You must pay the ordinary costs for return if the goods delivered are the ones ordered and the price of the item to be returned is less or, if the price of the item is higher, you had not paid the consideration or a contractually-agreed partial payment at the time you cancelled the contract. Otherwise, returns are free of charge for you.
We will reimburse costs to ship to you and to return to us only up to a number of standard costs.
Vouchers and customized products can generally not be replaced or returned.
It is not currently possible to return goods purchased in Amit Gems shops through the Website.
If you decide to return only part of an order that has been purchased with a discount/offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned to bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount.
10. Warranty
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or – if the goods are still deliverable – that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that.
For After Sale Services, please go to the local customer service offices listed on our Website under “Customer Services – After Sales Service”.
The warranty period is two years from the time the goods are received.
11. Liability
Amit Gems is only liable to you for damage caused intentionally or by gross negligence.
This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb.
Exemption from or limitation of liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Amit Gems.
12. Severability Clause
If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the affect of the other provisions.
13. Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Amit Gems.
14. Applicable Law
Contracts entered into under these General Terms and Conditions are subject to Indian law to the exclusion of any referrals to foreign law. This choice of law only applies to the extent that there are no preemptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Surat is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Amit Gems is also authorized to sue at the customer’s location.