USER TERMS AND CONDITIONS

Last updated: 1st August 2019

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AS SET OUT BELOW.

 

These User Terms and Conditions (the “Agreement“/”Terms and Conditions”) governs your (“You”,”Your”,”User”) use of this website, www.limelightdiamonds.com (the “Website“), including Limelight Lab Grown Diamonds Private Limited’s (“Company”/”We”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The Company is a work in progress, and as such things may change, be added or be taken away. The Company reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service or Terms and Conditions will be taken to mean that you have read and agree to the changes. The Company encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

The terms ‘we’, ‘us’ and ‘our’ refers to the Company, its affiliates and assignees and the term ‘you’ refers to any person procuring products/services from any supplier through the site. Persons means any natural person, firm, company, joint venture, association, partnership, limited liability partnership, society or other entity (whether or not having separate legal personality) in the relevant country. Words denoting singular in this T&Cs means plural and vice versa. Words denoting one gender means any applicable gender.

 

ACCESS TO THE WEBSITE

We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Company by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Company in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

We do not guarantee that the Website or any content provided on the Website is error-free.

 

PRODUCT INFORMATION

The Company takes great care when putting product information, descriptions and images online but will not be held responsible for any mistakes or omissions to any information given. The Company states that the images available on the website are only indicative. This Website offers lab-grown diamond jewelry for personal consumption, inclusive of, customized and readymade jewelry. The Website also offers to sell loose lab-grown diamonds for investment.

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. The Company shall not be liable for any legal action on this account.

 

PRICES

The taxes and delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

 

ORDERS

Any User wishing to make a purchase, may be required to register on the website after adding the item(s) to the shopping cart. The User may be asked to provide any other mandatory information required under law like Permanent Account Number (PAN) and/or GST number at the time of purchase.

Orders are normally considered complete only after the payment has been received by the Company, unless otherwise stated.

To confirm the orders, the Company may at random, call up the User who has placed orders through the Website and ask the User a verification question. The Company will confirm the order only after the verification question is answered by the User.

The Company uses one or more third-party payment gateways for the purpose of billing and payment collection. The User can opt to pay online via our secured third-party payment gateway provider. The User hereby agrees and accepts to the terms and conditions of as well as the privacy policy of the payment gateway provider.

The User agrees, understands and confirms that the credit card details provided by them for availing of services on the Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use you own credit card. You further agree and undertake to provide the correct and valid credit card details to the Company. Further, the said information will not be utilized and shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

The Company reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

 

AVAILABILITY

We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

 

DELIVERY

Company does everything in its power to respect the delivery schedule indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

At the time of placing the order, the User shall state the full name of the recipient as stated in his / her (recipient’s) government approved photo identification. At the point of delivery, the recipient shall collect the product, by furnishing any one of the following Government approved photo identification card:

    1. Ration Card (should be issued in the name of the User/recipient);
    2. Driver’s License;
    3. Permanent Account Number (PAN) card;
    4. Voters Identification card; or
    5. Passport.

Delivery shall be made by the Company/courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.

In case the User wants any other person to receive the delivery on his behalf he / she needs to specify details of the same at the point of ordering. All items shall be delivered directly to such person and under any circumstances whatsoever, the User cannot change the recipient details after the order is processed.

The User has the option to change the shipping address, before the product is actually shipped. In the event the User wishes to change the shipping address, he / she has to log-in to his / her user account on the website and click on the “Change Shipping Address” button next to the shipping address and change the address. This “Change Shipping Address” icon will be active only till the order status changes to “Shipped”. Once the order status changes “To Shipped” the “Change Shipping Address”, link becomes inactive.

All shipping charges and other local charges shall be borne by the Company. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. The recipient receiving the delivery also has the option to open the package and check its contents prior to accepting the delivery or signing the delivery receipt. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed.

The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries

If the recipient is not available at the time of delivery, the Company / courier agent shall try and deliver the item thrice before returning the same to the Company. All costs for re-shipment and handling in the case of non-delivery to the User shall be chargeable to the User.

 

CERTIFICATE

Diamonds

All Loose Diamonds (both investment and retail) and diamonds that are set in jewelry will be accompanied by individual certificates. The certificate will be issued by an independent third-party certifying authority and the details of the certificate will be mentioned at the time of purchase.

Jewelry / Mounts

The diamonds in the jewelry/mounts will not be individually certified unless expressly mentioned at the point of placing the order. The entire jewelry will be certified either by an independent third-party certifying authority or by Limelightdiamonds.com depending on the value of the Jewelry.

 

BUY-BACK AND EXCHANGE

The Company offers a LIFE-TIME EXCHANGE & BUY BACK POLICY for the products sold only in India subject to review by our Quality Assurance Department of the Company for the product free from any sort of damage/ wear/alteration/re-size etc. The decision by the Quality Assurance Department of the Company shall be Final and binding for any sort of Life-Time Exchange/Buy Back Scheme.

For any sort of Life-Time Exchange or Buy Back we shall require the following:

    1. Original Product
    2. Original/Copy of Invoice
    3. Product Certificate (If any)
    4. Valid Government. Id Proof of the person making the Buyback/Exchange Request.

 

In case of Shipment of product to us under the Life-Time Exchange or Buy Back Scheme the Product should be packed and sealed in a secured manner to avoid any damage in Transit either bubble wrapped or in a small box or a padded envelope.

In case of Re-Shipping the Products under Life-Time Exchange or Buy-back Scheme the products need to be shipped with our Shipping Partners only.

Shipping partner’s stated below:

 

The terms and conditions for the Lifetime Exchange scheme are as follows:

    • Jewellery Value: 100 % Value of the Jewellery to be given to the customer as per the Invoice Value of the Product Subject to the following Deductions and compliances:
    •  Making Charges shall be deducted while determining the value.
    • In Case of any Coupon/Discount or promo code used during the original Purchase the same shall be deducted while determining the Lifetime Exchange Value
    • Any sort of Taxes shall be deducted while determining the Life-Time Exchange value.
    • Life-Time Exchange shall not be applicable to order pertaining to products sold outside India.
    • In case of Life- Time exchange value is higher than the value of the old product, the customer will have to pay the difference.
    • In case the exchanged value is applicable to exchange for a value higher than the exchange value.
    • Additional Logistic fee of Rs1500/- shall be deducted while determining the exchange Value.
    • New order shall be Shipped in Exchange within 21 days after receiving the Original Product.

 

The terms and conditions for the Lifetime Exchange scheme are as follows:

    • Jewellery Value: Net 70 % of the Invoice Value shall be refunded to the customer under the Buyback Scheme Subject to the following Deductions and compliances:
    • Buyback scheme shall be applicable after 1 year of purchase of the product.
    • Making Charges shall be deducted while determining the Buyback value.
    • In Case of any Coupon/Discount or promo code used during the original Purchase the same shall be deducted while determining the Buy Back Value.
    • Any sort of Taxes shall be deducted while determining the Buyback value.
    • Buy Back shall not be applicable to order pertaining to products sold outside India.
    • Additional Logistic fee of Rs1500/- shall be deducted while determining the Buy Back Value.
    • All Refunds and Payments under the Buyback Scheme shall be done through NEFT/IMPS/RTGS only to the person producing the product along with above-mentioned requisites for Buy Back Scheme.
    • Refund and Payments under the Buyback scheme shall be done within 21 Business days after receiving the Product at our registered office.

 

To request for return of the product under the Life-Time Exchange or Buyback Policy you should do the following:

    1. Email our Customer Care requesting for Life-Time Exchange or Buyback on online@limelightdiamonds.com
    2. Call our Customer Care at +91-9372440388 to confirm once the package is ready with all the above requisites in order to arrange for re-shipment of the same.

 

10-DAY RETURNS POLICY

Product once sold may be returned by the User within 10 (ten) days of the receipt of the order. The Company undertakes to refunded 100 % of the value (up to INR-1,00,000) in your payment source (Credit Card/Debit Card/Net banking)

The product to be returned should be accompanied by:

    1. Product to be returned with original Packaging in sellable condition with no scratches, wear and damage or alteration;
    2. Certificate (If Any); and
    3. Invoice Copy of the Product

 

The Money-Back amount will be 100% of the actual amount paid. In case, any coupon, discount or promo codes were used during the original purchase, the exchange amount will be reduced by an amount equivalent to the coupon, discount or promo codes, as applicable.

In case of a refund on within 10 (ten) days of the receipt of the order, the payment of the refund amount shall be done via online bank transfer to the customer’s bank account within 21 business days of receipt of the product. If the mode of the payment was through online debit/ credit card/ net banking, the refund will be processed by reversal of the transaction.

In case of return within 10 (ten) days a shipping charge of INR 750/- shall be borne by the customer for all the jewelry under this policy.

To request for return of the product under the 10-day Money back return Policy you should do the following:

    1. Email our Customer Care within 10 days from the date of Product Invoice on info@limelightdiamonds.com
    2. Call our Customer Care number at +91-9372440388 to confirm once the package is ready with all the requisites to arrange for re-shipment of the same.

We reserve the right to modify this policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

PRIVACY AND PROTECTION OF PERSONAL DATA

The Company takes your privacy seriously and does not compromise on taking stringent measures in protect your information including user, payment and order data. We do not share your information with any third party systems.

The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.

You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to Company to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

You hereby agree and provide your consent to the Company to alert you with marketing, promotional, discount offers and/or any other offers/information as made available by the Company to its consumers from time to time.

 

INTELLECTUAL PROPERTY OWNERSHIP

All the content on Company website (illustrations, texts, names, brand names, images and videos) is the property of Company. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Company. All information, content and files is protected by law concerning intellectual property ownership and copyright. Company cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the intellectual property laws governing India.

Company will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

 

WAIVER AND SEVERABILITY

Any failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

DISCLAIMER

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.

We further expressly disclaim any warranties or representations (express or implied) other than those expressly provided, in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

 

INDEMNITY AND RELEASE

You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party contractors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

 

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY  MAKES NO WARRANTY:

    • THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    • THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
    • AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
    • REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

 

LIMITATION OF LIABILITY

THE COMPANY’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

 

LOSSES

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

 

UNFORSEEN EVENTS

In the event, any situation/event occurs not covered under these terms and conditions you can write to us at info@limelightdiamonds.com or call us on our customer care number at +91-9372440388 with your queries and/or grievances and we shall try our best to resolve such queries and/or grievances at the earliest. Kindly note each query and/or grievance may be handled differently on a case to case basis.

 

GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.

 

FEEDBACK AND COMMENTS

Any opinions left on the Website by Company customers are screened and moderated by Company. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Company reserves the right to refuse or modify it.

 

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.