“Agreement” shall mean the terms and conditions as detailed herein including those incorporated by reference and including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced/substituted.

“Customer/User/Client” shall mean you – the individual person who accesses this Website or wishes to place or who places an order for purchase of the Product(s) on the Seller at this Website.“Seller” shall mean S.K. Jewellers having its registered office in Sarafa Bazar, Opposite Shiv Murti, Saharanpur which is the seller of the Product(s) offered for sale on this Website.

“Consignment/Package” shall mean each shipment of Products made by Seller in response to an order placed by the Customer in accordance with the terms of this Agreement.

“Product” shall mean earrings, rings, necklaces, bracelets, anklets, cufflinks, pendant sets, chains including, but not limited to, any other article listed for sale on this website.

User Declaration

The Customer agrees and acknowledges that this Website can be used only by individuals who are 18 years and above and can enter into legally binding contracts. Individuals who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including but not limited to minors, un-discharged insolvents etc. are not eligible to use this Website and purchase the Product(s). In the event the Customer is a minor and wishes to purchase the Product(s) such purchase must made by Customer’s legal guardian or parents. The Seller reserves the right to terminate Customer’s access to and refuse to provide Customer with access to this Website if the Seller discovers that Customer is under the age of 18 years.

The User acknowledges that they shall not use the product for any illegal or unauthorized purpose nor, in the use of the Service, violate any laws in their jurisdiction including, but not limited to, any Intellectual Property Rights of any person. The Customer may use this Website solely for his personal and non-commercial use. The Seller prohibits the use of its trademarked names in metatags and/or hidden text. The use of trademarked names in metatag keywords amounts to trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. The Seller prohibits the (a) linking to this Website and its web page(s) without prior written consent of the Seller and/or (b) Framing this Website and its web page(s) with links, advertisements and/or other information not originating from this Website (c) No right or license is granted under any copyright, patent or trademark of the Seller to any other party.

The Customer specifically agrees that the Seller shall not be responsible for unauthorized access to or alteration of Customer’s transmissions or data, any material or data sent or received or not sent or received.  The Seller shall not be liable for disclosure of Customer’s information due to errors in transmission or unauthorized acts of third parties.

The Customer agrees, acknowledges, confirms and undertakes that the Registration Data, information/data provided or uploaded onto the Website by the Customer: (a) shall not be false, inaccurate, misleading or incomplete or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards or (c) shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing or (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever or (f) shall not create liability for Seller or cause Seller to lose (in whole or in part) the services of Seller’s ISPs or other service providers/suppliers. If the Customer contravenes the foregoing or the Seller has reasonable grounds to suspect that the Customer has contravened the foregoing, the Seller has the right to indefinitely deny or terminate Customer’s access to the Website and to refuse to honor the Customer’s Order(s).

The Customer hereby assumes the sole risk of making use or relying on the information, materials and services relating to the Products available on this Website or relating to this Website. The Seller makes no representations about the suitability, completeness, timeliness, reliability, legality in Customer’s jurisdiction, or accuracy of the information, materials and services relating to the Products described or contained in this Website for any purpose. All Products described or contained in this Website are provided “as is” without warranty of any kind whatsoever, including without all implied warranties and conditions of merchantability or fitness for a particular purpose, workmanlike effort and non-infringement. 

General Conditions

Products are stamped either with 925 or any other tangible mark of certification as available including, but not limited to, any form of documentary declaration to prove their authenticity. For custom made orders, it may take at least 14 business days for the shipping to reach the User. Only Online payments are accepted in advance when a customer places an order. 50% advance shall be made for custom orders and 50% before the product is ready to dispatch. Payments are accepted through Paytm, Google Pay, Net-banking and Razorpay. Shipping is done PAN India within 7-10 days. No services shall be rendered outside the regional boundaries of India. A shipping notification with tracking details will be sent via email and WhatsApp after the client’s order has been shipped. The order can be tracked  at the third party shipping page using the tracking ID. We are not accountable for any delay from the third party shipping service. Bills generated are provided to the customers only when specifically requested by the Customer. Any personalised message can be added to an order. We hold the right to refrain from adding the message if it includes objectionable words, phrases and obscenities. Any resemblance to jewellery from any other brand is not guaranteed by the Seller. The user shall not have a right of refusal of Service on this ground once the order has been placed. The Seller offers re-polishing services at a minimal cost. Polishing shall be confirmed only after inspection of the product on receipt by the Seller. The Seller has the sole right to deny the Service if it may damage the product further or any other reason that the Seller deems fit. All pieces are carefully checked before dispatch, if however the client notices any damage or in case of damage during shipping, the replacement may be given by the seller at its sole discretion. The customer must reach out to us using our contact number or email us directly within 24 hours of receiving the piece to report a problem. Product can only be exchanged if the exchange request has been raised via email or WhatsApp within 24 hours of receiving the order. We do not offer exchanges on purchases for hygiene reasons. Please note: Exchanges will be subject to additional charges based on the nature of the request. In that case, an unboxing video of the package should be shared on Whatsapp (+91 9599744199) prior to the change request, failing which no replacement or refund shall be made. Customised orders can neither be exchanged nor be returned. We do not offer refunds or returns on purchases made on shopmetalm.com. All purchases are final. The attributes of the delivered product may vary from the pictorial representation on the website at the time of the order being placed by the User including, but not limited to, the colour of the product or its design. The Seller shall not be liable for such differences and the User undertakes to not make any claims for refund or replacement on such grounds in any manner whatsoever. Product Care and repair Labels are added in each package. Sterling Silver Jewellery should be handled with proper care by following these simple steps:

1. Avoid contact with moisture (perfumes, lotions & other chemicals).

2. When not in use, keep your jewellery in a cool dry place.

3. Take your jewellery off before showering, exercising, swimming & sleeping.

4. Store separately in a ziplock or microfibre pouches to prevent oxidation of silver.

5. Put on your jewellery at last while dressing up.

6. Clean your plated jewellery gently, and don’t rub it.

Force Majeure

If due to force majeure or any contingency beyond its control, the performance of obligations of the Seller is prevented, delayed, restricted or interfered with, there shall be no liability for non-performance. Such contingencies shall include (being by way of example but not limitation) fire, explosion, lightning, flood, subsidence, earthquake, natural calamities, epidemic, act of god, war, insurrection or civil disorder, riots, acts of terrorism, armed conflict, blockade, sanctions, war or military operations, national or local emergency, action of any municipal authority/ utility provider, governmental order or regulation, acts or omissions of government, strikes or other concerted acts of workers, industrial disputes of any kind, or any other act or event whether dissimilar or similar outside Seller’s control. The Seller has the exclusive right to terminate the services with immediate effect in such cases.

Limitation of Liability

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Seller, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

Indemnification

The User agrees to indemnify, defend and hold harmless the Seller and their parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.

Termination

The Seller has the right to terminate the Agreement and the provision of its Services at any point of time without any prior notice to the User. The User undertakes that his right of termination is waived once the order has been confirmed on the website and the shipping process of the product has been commenced by the Seller. In any such termination by either party, no refund shall be made by the Seller for any payment made by the User prior to such Termination under any circumstances. Refunds shall only be made at the sole discretion of the Seller.

Entire Agreement

The failure of the Seller to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules in respect to the Service constitutes the entire agreement and understanding between the Seller and User. These Terms govern the use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Seller and User including, but not limited to, any prior versions of the Terms.

Governing Law & Jurisdiction

The User agrees, acknowledges and recognises that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the Court of Saharanpur at Saharanpur to the exclusion of all other courts.

Any breach or violation of any of the Terms may result in an immediate termination of the Services by the Seller.