Terms of Sale

Last Updated: 14 January 2021

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE SUBMITTING AN ORDER FOR PRODUCTS THROUGH OUR WEBSITE.

These terms and conditions of sale (“Terms of Sale”) apply between you (“you”) and De Beers India Private Limited (“us”, “we” or “our”) when you purchase products from our website located at www.forevermark.com/en-in/ (“Website”). These Terms of Sale apply in addition to our website Terms & Conditions and Privacy Policy, which are hereby incorporated by reference.  By ordering a product or service from us, you agree that you have read, understand and agree to these Terms of Sale and the website Terms & Conditions and Privacy Policy.

You must be 18 years or older to place an order and purchase products through our Website. Our Website is solely for the promotion of our products in India. Unfortunately, we do not accept orders from, or deliver to, addresses outside India.

1. OUR CONTRACT WITH YOU

1.1 All the products displayed on the Website constitute only an invitation to offer. Your review and confirmation of the order on the Website constitutes your offer. Our acceptance of your order will take place when we debit your payment method and send you an acceptance email, at which point a contract will come into existence between you and us.

1.2 We reserve the right to accept or reject orders at our discretion, to impose quantity limits on an order and to discontinue offering certain products without prior notice. For example, we may not accept your order if the product or service you requested is no longer available.  If, on acceptance of your order, we are unable to dispatch your order, we will inform you of this by email or phone and will not charge you for the product(s) or service(s) ordered. For a return and refund after acceptance of your order, please see Section 5.

1.3 You acknowledge that our products are displayed and sold only for personal and gift purchase and use, not for business or other commercial purposes. 

2. OUR RIGHTS TO MAKE CHANGES

We reserve the right to alter and enforce these Terms of Sale at any time without having to serve a prior notice on you. If we make changes, we will post the amended Terms of Sale on our Website and provide the date of the last update above and below. We encourage you to review these Terms of Sale prior to making any purchase through our Website to ensure you understand the terms and conditions that apply to your purchase.

3. DESCRIPTIONS, PRICE AND PAYMENT

3.1 We attempt to provide accurate descriptions of the products offered through our Website. However, we cannot guarantee that descriptions, photographs, drawings, colors, sizes, prices or other content on our Website will appear on your device as we intended, nor shall you take any inference based on the picturization of the products offered. We reserve the right to correct or change any description at any time except for products ordered on our Website for the transaction for which we have sent an acceptance email. The purchase price of products will be the price indicated on the order page as part of the checkout process. All prices are shown in Indian Rupees (“INR”). The taxes as applicable are included in the invoice provided to you at check-out. The price indications on the Website may vary due to inter alia some technical issue, typographical error or difference in product information and we shall not be responsible for changed prices during the transaction. Prices displayed on the website may vary from those in our stores or from store-advertised prices.  All prices are subject to change without prior notice except for products ordered on our Website for the transaction for which we have sent an acceptance email.

3.2 You are responsible for any sales, use, duty and other governmental taxes or fees due with respect to your purchase of products. We will charge / collect applicable taxes if we determine we have or are likely to have a duty to charge / collect such taxes. We will present an estimate of taxes to be collected on the order page as part of the checkout process.

3.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our payment processor) to charge your payment method for the total amount of your order, including any applicable taxes and handling, or other fees and charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter to proceed with your order.  Your payment must be debited from your payment method before your order is accepted. While availing the payment method(s) available on the Website, we shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorisation for any transaction(s), or the exceeding of the credit / debit limit mutually agreed between you and the issuing bank, or any payment issues arising out of the transaction including technical glitches, or decline of transaction for any other reasons.

4. DELIVERY

4.1 Our standard delivery option will be displayed to you on the check-out page, this is provided to you (together with handling) at no additional charge. Once you have provided delivery details and your order has been accepted, the delivery address cannot be changed. If you need to change the delivery address, please contact us using the details below, and we will work with you to cancel the order and place a new order.

4.2 If your order is received before 11:30am India standard time (“IST”) on a business day, we will start to process your order that day. For any orders received after 11:30am IST or on a Saturday, Sunday or holiday, we will start to process your order the next business day.  If a product is in stock, you can expect that your product will be delivered within 3 business days from the day we start to process your order, subject to Section 4.3. If a product is not in stock, the estimated delivery date will be displayed to you on the order page prior to completion of your order, and is not expected to be beyond 30 business days from receipt of your order. 

4.3 We will not be liable for any events outside our control including delays in delivery due to a Force Majeure Event, but if we become aware that there will be a delay in beyond the anticipated delivery date, we will contact you to ask if you prefer to consent to the delay or cancel the order and receive a refund.  In addition, you may contact us to cancel your order and request a refund for any products you have paid for but not received by the anticipated delivery date.

4.4 BVC Logistics Private Limited (“BVC”) is a third-party logistics company that delivers our products. BVC will deliver the products to you only if you verify your identity by showing a valid government identity card. A maximum of 3 delivery attempts will be made to the address given by you during checkout of the product, after this the product will be marked “Return to Origin” and returned to us. If, despite our reasonable efforts, we have not been able to deliver the product and it has been returned to us, you will be refunded (any additional costs that we have incurred may be deducted).

4.5 Unless we state otherwise, risk of loss or damage and title to a product shall pass to you once the product is delivered to the address you have provided to us.

5. REFUNDS AND RETURNS

5.1 Our hope is that you are satisfied with your De Beers Forevermark purchase. However, you may return a product within 15 days of the date that the product was delivered to you and receive a full refund to your original mode of payment. Any refund shall be on the provisio that the product is returned unworn, in its original condition, inside the original packaging and with all the original documents, including the inscription card and grading report. For clarity, any item that shows sign of wear or has been altered, resized (other than by us) or damaged cannot be accepted.

For return of gifts, please see Section 5.4.

5.2 To begin the returns process, please contact us at support@forevermark.com. You will be guided through the returns process, which requires you to inform us of your order number, account holder email address (if applicable) and the product you wish to return. You can find the necessary information about your order on the invoice that is displayed to you at check-out. Your product must be placed back into the original packaging, with all the original documents and sealed prior to you returning it to us. The AWB number, address label and invoice will be provided by BVC when they pick-up the product, and they will affix these onto the packaging in front of you. You will need to provide a signature on the pickup sheet provided by BVC at the time of pickup, a copy of which will be given to you to keep. The shipment will then be sent to us in a sealed BVC secure bag. We accept no liability for any items that might be lost in transit or not received should you choose an alternate shipment method.

5.3 Refunds for properly returned products will be credited to your original payment method. We reserve the right to reject any returns that do not meet the conditions of this Section 5. It is further clarified that we shall not be required to make any refund that we deem ineligible for a refund or return based on the quality checks. If non-conforming returns are sent to us, we will return these items to you. Please contact us with any questions about returning defective or faulty products. We will determine whether to accept returns for defective or faulty products in our sole discretion. In the event we agree to accept the return, the defective or faulty products should be returned inside the original packing and shipping materials and with the original documents, including the inscription card and grading report, where possible. You will receive an e-mail when the refund is initiated, and such refunds will be processed within 10 business days from the day that we receive a product that we accept for return. Please note that products bought online cannot be returned in-store.

5.4 For returns of products purchased online as a gift, please contact us at support@forevermark.com and you will be guided through the returns process.  Follow the steps for returns as provided in Section 5.2. Upon our acceptance of the product returned to us, we will issue an online gift card to you which will be charged with the value of your returned item if the returned item does not exceed INR 10,000 in value. For the returned items exceeding INR 10,000 in value, the refund will be made to the original mode of payment. The online credit is valid for your use within one year of the issue date.  The online credit may only be applied to purchases on this Website. 

6. GIFT AUTHORISATION

If you order a product or service as a gift to be sent to a third party, you represent that you are authorised to provide us with the name and address of the recipient, and you authorise us to provide your name and address to the recipient. If we provide the opportunity for you to include a message with the gift, you are entirely responsible for the content of the message and agree that your message will not include infringing, harassing, defamatory, vulgar, threatening or other offensive content.  We have no obligation to review the content of any message, but if we choose to do so, we may refuse to include or print any message in our sole discretion.

7.  DISCLAIMER AND LIMITATION OF LIABILITY

7.1 Your use of the products sold through our Website is at your sole risk. Except as otherwise provided in a writing by us, the products are provided on an “as is” and “as available” basis. To the extent permitted by law, we disclaim and exclude all conditions, warranties, representations or other terms, which may apply to the products, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7.2  To the maximum extent permitted by law, we and our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners, employees, successors and assigns (individually and collectively, ”De Beers Forevermark Parties”) will not be liable to you under any theory of liability—whether such losses arise in contract, tort (including negligence), warranty or otherwise—for any indirect, consequential, incidental, exemplary, punitive or special damages or lost profits, business, revenue, goodwill, business opportunity, anticipated savings, even if De Beers Forevermark Parties have been advised of the possibility of such damages. In any event, the total liability of the De Beers Forevermark Parties for any claim arising out of or relating to these Terms of Sale or products made available for sale through our Website, regardless of the form of the action, shall in no event exceed 100% of the price of the product you have ordered from us.

7.3 Nothing in these Terms of Sale will limit or exclude any liability that cannot be excluded or limited by applicable law.

8. PRIVACY

For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.

9. DISPUTE RESOLUTION; BINDING ARBITRATION

9.1 The governing law of these Terms of Sale shall be the substantive law of India. 

9.2 Any dispute arising out of or in connection with these Terms of Sale, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, or any statutory amendments / modifications thereto. The number of arbitrators shall be 1, who shall be jointly appointed by the parties. The decision of the sole arbitrator on any dispute shall constitute an award, which shall be final and binding on the parties. The seat, or legal place, of arbitration shall be Mumbai and the parties submit to the exclusive jurisdiction of the courts at Mumbai for the purpose of seeking interim measures. Either party shall be entitled to the enforcement of an award in any court of competent jurisdiction. The costs towards the arbitration proceedings shall be borne equally by the parties. The language to be used in the arbitral proceedings shall be English.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but your rights or obligations under these Terms of Sale will continue.

10.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations, nor shall a single or partial exercise preclude any other or further exercise of such right. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.3 We shall not be liable to you for any delay or non-performance of the obligations under these Terms of Sale arising from a Force Majeure Event. A “Force Majeure Event” means any cause or causes beyond the reasonable control of a party including but not limited to an act of God, governmental act, act of terrorism, act of public enemy, pandemic (including COVID-19), epidemic or outbreak of disease, war, sabotage, vandalism, riot, insurrection, revolution, fire, flood, tsunami, earthquake, hurricane, tornado, bombing explosion, civil commotion, any governmental regulation, restrictions, prohibition and lockdown.

10.4 Each of the provisions of these Terms of Sale operate separately. If any arbitrator, court or other competent authority decides that any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any the remaining provisions. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.

10.5 We will sell the products to you as independent contractors and not as your employee, agent, partner, legal representative, trust, unincorporated association, co-operative entity or joint venture partner for any purpose whatsoever. Neither we or you have any right, power or authority to bind the other party. The parties to these Terms of Sale confirm it is acting on its own behalf and not for the benefit of any other person.

10.6 The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. The word “including” as used in these Terms of Sale means “including without limitation”.  These Terms of Sale, the website Terms & Conditions, and the Privacy Policy constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms of Sale.

10.7 You acknowledge that you have not entered into these Terms of Sale in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms of Sale (other than in respect of any fraudulent misrepresentation).

11.CONTACT US

Questions and comments regarding these Terms should be sent to: support@forevermark.com

Any complaints, concerns or comments may also be immediately informed to the designated ‘Grievance Officer’ and/or ‘Compliance Officer’ as mentioned below.

Name of the Grievance Officer / Compliance Officer: Merwyn Mascarenhas

E-mail: Merwyn.Mascarenhas@debeersgroup.com

(with a copy to support@forevermark.com)

Contact number / customer care number: +91 (022) 67865591 or +91 9819761830

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