Terms & Conditions
With effect from 31st March 2016 www.thegoldrose.com and all its linked social media pages including the Design rights & Copyrights on Products and Images respectively on this website has been acquired by Silvery Designers Private Limited. All references to Owners/ Directors on the website and in these terms and conditions shall be deemed to a be a reference to the owners and directors of Silvery Designers Pvt Ltd. All copyrights and design rights on this website shall henceforth be reserved with Silvery Designers Private Limited. For any clarifications please contact our registered office 135 southern avenue. Kolkata 700026. Telephone –983001892 or email us at firstname.lastname@example.org
Welcome to www.thegoldrose.com hereinafter also referred to as Silvery Designers Pvt Ltd, this website, us, our, www.thegoldrose.com and www/sneharateria.com. We are a website which brings jewellery from designers who are fun, flirty, bright and girly. We put together beautiful collections of silver & AD jewellery, gold & diamonds, and gold & Swarovski. Our collection is an eclectic combination of sleek feminine designs with loads of options for customization. Each one of our precious ornaments is hand crafted and customized to your satisfaction. To know more about us and what we do, you may visit our about us section.
Access to www.thegoldrose.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
By using www.thegoldrose.com you agree to submit to the jurisdiction of the courts or tribunals in Kolkata to resolve any dispute that may occur with the usage or access of this website in any manner. For the purposes of this paragraph usage includes access to this website or its allied pages and the purchase of goods and services listed on this website.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of this website or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by this website and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
In addition to the above www.thegoldrose.com involves several designers to design products for this website and takes utmost care and attention to ensure that the designs and products are original. We are fully aware of the hard work and sweat that goes into designing an original work and give utmost respect to such effort and in case you feel that some work in the website infringes yours, we will do our best to resolve the same expeditiously on utmost priority. If you feel that your intellectual property rights have been infringed, then please report the violation here so that we can address your concern and immediately resolve your problem.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Use of this website is available to you only if you are legally able to enter into a contract under the Indian Contract Act, 1872. If you are less than 18 years of age you may use this website under the guidance and active observation of a parent or a guardian who is legally able to contract under the Indian Contract Act, 1872. If you are not eligible to legally contract, and if you wish to buy a product, it has to be with the consent and under the guidance and active observation of your parent or guardian.
In addition to the above in order to contract with this website you must possess a valid credit or debit card issued by a bank or have authority to authorize a NETBANKING or any other monetary transaction acceptable to us. This website retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or any other legal authorised monetary transaction used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Please note that only in the abovementioned scenario in this paragraph is a cancellation allowed. In no other circumstances will the order be cancelled. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the bill.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Shipping and Delivery
Our goods are made with extreme precision and labour it takes around 4 to 5 weeks to get your order ready depending upon the choice of your purchase. Therefore there is no fixed time within which we guarantee delivery; it varies from one product to another. Nevertheless as an estimate you can expect your goods to reach you within 5 to 6 weeks of placing your order. Dispatch times may vary according to availability and are subject to any delays resulting from courier delays or force majeure for which we will not be responsible. Estimated time for shipping in India is 3 days. For the purpose of this agreement the term shipping will deem to include all modes of transport including those by land and by air.
Exchange, Returns and Refunds
We have a no return policy. We do not accept any returns and do not give any refunds. You however may exchange the products purchased on this website for a product of equal or higher price, by paying for the price difference in case of the latter. To be eligible for an exchange please intimate to us within 7 days (inclusive of nonworking days) of receiving the delivery. Please note that we have the full discretion to refuse an exchange, in case it comes to our knowledge that the exchange demanded is unfair and arbitrary. In case we accept your request for an exchange then the time mentioned in the paragraph Shipping and Delivery shall apply afresh from the date of receiving return as though it is a new order. The cost of return shipping of the goods shall not be borne by us.
The website does not believe in spam mails and will not share your information with any other third party except for fulfilling essential actions to complete a valid transaction like delivery and payment. In case of delivery your details which are required to facilitate timely and safe delivery to you (e.g. your name, address, mobile number) is shared with the courier company and in case of payments the encrypted transaction details required to complete a valid transaction are shared with the payment gateway to enable the completion of a valid transaction. None of your banking details and credit/debit card information will be stored by us. Your login details will be stored in the database on the hosting site (godaddy.com) in encrypted form and your basic details in plain text. We follow strict security guidelines to ensure that all your information is protected from unauthorised access.
Other than the above we may use your data to reach you but will not forward it to any third party until unless required by law to do so (e.g. a police investigation, government inquiry, court order etc).
We may send you mails, newsletters and communications about new product services but you can easily opt out the same by clicking unsubscribe.
We like almost every other website store small text files called cookies on your computer in order to maintain your session with our server, i.e. so that you donâ€™t have to start over every time you visit our website. These files store your recently viewed products and your session information which helps us enable certain personalization features such as your preference settings, shopping cart, etc. These files are harmless and as such cannot interact with your computer or execute on its own.
If you choose to delete or block the cookies you will be limiting our ability to provide you with our best possible services.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.thegoldrose.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by Indian law and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute or otherwise. This does not affect www.thegoldrose.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.thegoldrose.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.thegoldrose.com.
You agree to indemnify, defend and hold harmless www.SnehaRateria.com, its owners/directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
www.thegoldrose.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the products and/or Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.