1. Definitions and Interpretations
“Business Day” shall mean any day that banks are open for business in
“Diamond Council” shall mean [●].
“Effective Date” shall mean the date of purchase of the Product.
“Law” includes all statutes, enactments, acts of legislature or parliament,
laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies,
directions, directives and orders of any government, statutory authority, tribunal,
board, or court, including any amendments, re-enactment, substitution thereof, and
shall include any subordinate legislation, rules and regulations of India or any
other country, from time to time;
“Person” means any individual, partnership, corporation, company, unincorporated
organization, or association, trust or other entity incorporated under any other
“Products” shall have the same meaning assigned thereto in Recital (A);
“Repurchase Price” shall have the same meaning assigned thereto in Clause
“Retailer/s” shall mean any company, partnership or any other Person
marketing the Products of Gitanjali.
“SRP” shall mean the suggested retail price arrived at a pre-determined
period internally based on demand supply condition, prevailing high street retail
prices, international market trends and finally validated by an independent Diamond
“Taxes” shall mean any present or future tax, levy, impost, duty, service
tax, cess, stamp duty, charges, fees, deduction or withholding in the nature of
tax wherever imposed, levied, collected, withheld or assessed by any Governmental
Authority or taxing division thereof pursuant to applicable Law;
“Quality Assurance Department” shall mean the department of Gitanjali
which verifys and re-certifies the Product.
(a) Headings and bold typeface are only for convenience and shall be ignored for
the purpose of interpretation.
(b) Unless the context of this document otherwise requires:
(i) words using the singular or plural number also include the plural or singular
(ii) words of any gender are deemed to include the other gender including singular
and plural in number or corporate entities as may be applicable;
(iii) the terms “hereof”, “herein”, “hereby”,
“hereto” and derivative or similar words refer to this entire document
or specified Sections of this document, as the case may be;
(iv) the term “Section” refers to the specified Section of this document;
(v) reference to any legislation or Law or to any provision thereof shall include
references to any such Law as it may, after the date hereof, from time to time,
be amended, supplemented or re-enacted, and any reference to statutory provision
shall include any subordinate legislation rules and regulations framed thereunder
from time to time under that provision;
(vi) reference to the word “include” shall be construed without limitation;
2. Purchase of the Products
2.1.1. The Customers can purchase the Products from the Retailer at the SRP of the
2.1.2 SRP’s will be published for the Products on a periodic basis i.e. every
fifteen (15) days. These prices will be available at all retail outlets selling
the Products, and also communicated using appropriate mass media.
3.1 The Customer shall promptly inspect and accept the Products delivered pursuant
to this document after receipt of such Products. In the event the Products do not
conform to the specifications or if for any reason the Customer is not satisfied
with the Products, these can be returned within fifteen (15) days from the date
of purchase of such Products and the retail outlet will issue a voucher to the Customer,
which can be exchanged for any Gitanjali product within six (6) months of bill/
3.2 It is expressly understood by the Parties that the Products will be exchanged
only where the purchased item is in its original condition, with sealed packaging
without any tampering, along with its original certificate and original bill/ invoice.
4. Trading in the Products
4.1 The Customers can also trade-in the Products package taking into account the
price changes subject to the following conditions:
4.1.1 The Customer shall need to hold onto the Products purchased for a minimum
timeframe of six (6) months from the date of its purchase.
4.1.2 Return of the Product would be accepted only at the Retailer from where it
was purchased by the Customer.
4.1.3 The repurchase price of the Product will be 3% lower than the SRP of the day
(prevailing price) (“Repurchase Price”). Such SRP would be as per the
latest prices published by Gitanjali. However, the Taxes paid by the Customer at
the time of purchasing the Products would not be refunded.
4.1.4 It is expressly understood by the Parties that the returns will be confirmed
only once the Products have been subject to inspection by the Quality Assurance
Department of the Product. Return of the Products will be accepted only where such
Product is in its original condition, together with its original packaging without
any tampering, along with its original certificate and bill/ invoice. In case of
any disputes in relation thereto, the decision of the management of Gitanjali will
be final and binding.
4.2 The payment for return of the Products would be made to the Customer within
seven (7) Business Days of his/ her returning the Product. The refund will be made
by an Account Payee cheque in favor of the customer or direct credit to the credit
card used for purchase, as the case may be.
5. Assured Return
Gitanjali guarantees to the Customers an assured minimum appreciation of 5% on the
invoice value of the Products after two (2) years from the date of purchase of the
Product by the Customer, provided the Products are returned by the Customer in original
6. Force Majeure
Gitanjali shall not be responsible for breach of or non-compliance with any terms
mentioned herein and shall be relieved of all its obligations hereunder if the same
arises from things outside its control which include, but are not limited to fire,
flood, storm, typhoon, war, civil war, riot, civil commotion, strike, or other similar
7. General Legal Terms
7.1. Governing Law and jurisdiction
This document shall be governed by and construed in accordance with the laws of
India and the Parties hereto expressly agree that any dispute arising out of or
relating to this Agreement or to the breach thereof shall be within the exclusive
jurisdiction of the courts of Mumbai.
Terms & conditions mentioned herein shall come into force on the Execution Date.
7.3 The Products shall not be liable for any indirect, special, incidental or consequential
damages of any nature, regardless of the form of action, based on strict product
liability or otherwise.
7.4 Gitanjali reserves the right to amend the terms and conditions
of this Agreement from time to time, without giving prior notice of the same to
the Customer. The amended terms and conditions would be applicable once they have
been updated on www.ezeediamonds.com.