1. This Agreement is entered into between Goldrush Aura Ecom LLP, a limited liability partnership incorporated under the Companies Act, 2013, having its registered office as displayed on its website and mobile application, hereinafter referred to as "the Company" or "First Party", which expression shall unless repugnant to the context or meaning thereof include its successors and permitted assigns, of the First Part.
AND
2. The person, individual, entity, or company signing up and registering on the website, mobile application, or platform operated by the Company for the purpose of purchasing products and availing services offered therein, being a user of the digital platform of the Company availing digital asset services, hereinafter referred to as "the Customer" or "Second Party", which expression shall unless repugnant to the context or meaning thereof include his/her/its heirs, successors, legal representatives, and permitted assigns, of the Second Part. It is expressly clarified that the Second Party shall not be treated as a ‘consumer’ under the Consumer Protection Act, 2019 for transactions involving booking sales, market-linked pricing, safekeeping, buyback, or any price-linked digital asset services.
3. The First Party is engaged in the business of operating an e-commerce platform providing retail sale of various products including but not limited to gold coins, gold jewelry, gold articles, silver coins, silver articles, silver jewelry, and other merchandise through online channels accessible via website, mobile application, desktop interface, and other digital mediums.
4. The First Party undertakes retail operations directly to end consumers through its digital platform and maintains that all products offered on the platform are intended strictly for personal consumption, personal use, and not for commercial resale, speculation, unauthorized business purposes, or any form of unlawful activity whatsoever.
5. The pricing mechanism adopted by the First Party for precious metal products, where applicable, is based on international market rates which are subject to continuous fluctuation on a real-time basis throughout the trading hours, and may differ from domestic commodity exchanges including but not limited to Multi Commodity Exchange of India Limited (MCX) owing to the adoption of international pricing benchmarks and global market standards.
6. The First Party implements and maintains various policies, terms, operational procedures, service guidelines, and customer-centric initiatives designed to provide optimal service quality, transparency, security, and maximum benefits to the Second Party, which policies are published on the official platform and form an integral and binding part of this Agreement.
7. The First Party reserves the right to modify, update, amend, or revise any policy, terms, conditions, pricing mechanism, service features, or operational procedures from time to time as deemed necessary for business requirements, regulatory compliance, technological advancement, or customer benefit, and such modifications shall be published on the official platform and shall be binding upon continued use of services by the Second Party.
8. The Second Party represents, warrants, and confirms that they are a consumer as defined under the Consumer Protection Act, 2019, and are registering on the platform of the First Party with the bona fide intention of purchasing products exclusively for personal use, personal consumption, household purposes, and not for any commercial exploitation, resale, speculation, or business operations.
9. The Second Party acknowledges, confirms, and declares that they have thoroughly read, carefully examined, completely understood, and unconditionally accepted all terms and conditions, clauses, provisions, stipulations, restrictions, obligations, and responsibilities set forth in this Agreement, including all ancillary policies, subsidiary rules, operational procedures, service guidelines, pricing policies, delivery terms, return policies, and other documentation published on the official platform of the First Party, without any modification, alteration, amendment, reservation, misinterpretation, doubt, demurrer, or mental reservation whatsoever.
10. The Second Party confirms, undertakes, and guarantees that their engagement with the First Party, utilization of the platform, availing of services, and purchase of products is strictly for lawful purposes only and does not constitute, facilitate, aid, abet, or amount to any form of speculative activity, unauthorized commercial trading, money laundering, funding of unlawful activities, gambling, fraudulent schemes, or any other practice prohibited, restricted, or regulated under applicable laws of India or international conventions.
11. The Second Party undertakes and covenants to comply with and remain bound by all applicable laws, statutes, regulations, rules, guidelines, circulars, notifications, and directives governing consumer transactions, digital commerce, electronic payments, data protection, taxation including Goods and Services Tax, customs duties where applicable, foreign exchange management, prevention of money laundering, and e-commerce operations as prevailing in India and as may be amended from time to time.
12. The Second Party acknowledges that certain facilities including booking, price locking, automatic cancellation, safekeeping and buyback are commercial digital asset services and not retail sale of goods, and therefore consumer protection laws shall not apply to such transactions.
12. For the purposes of this Agreement, unless the context otherwise requires or unless explicitly defined herein, words, expressions, phrases, and terminology shall be interpreted and construed in accordance with their ordinary grammatical meanings as derived from authoritative legal dictionaries, standard reference works, and established judicial precedents.
13. Where specific legal meanings are ascribed to terms under applicable statutes, acts, rules, or regulations of India, such statutory meanings shall prevail and be adopted for interpretation purposes under this Agreement in preference to general dictionary meanings or common parlance usage.
14. Digital Asset Services shall mean processing service requests, executing transactions, managing asset operations and handling buy/sell orders relating to physical precious metals.
15. In this Agreement, unless inconsistent with the context or meaning thereof, words importing the singular number shall include the plural number and vice versa, words importing the masculine gender shall include the feminine and neuter genders, words importing persons shall include individuals, companies, corporations, firms, partnerships, joint ventures, associations, trusts, and other legal entities, and references to clauses, paragraphs, sections, or schedules shall mean clauses, paragraphs, sections, or schedules of this Agreement.
16. The headings, titles, and captions to clauses and sections in this Agreement are inserted for convenience and reference purposes only and shall not affect, control, or modify the interpretation, construction, or meaning of any provision contained herein.
16. This Agreement is executed, entered into, and made binding to comprehensively govern, regulate, and establish the terms and conditions for the purchase, sale, order placement, payment processing, delivery, exchange, return, refund, buyback where applicable, cancellation, customer service, dispute resolution, and all other aspects of transactions pertaining exclusively to the products and services that are displayed, offered, marketed, sold, or made available on the official website, mobile application, or platform operated and controlled by the First Party.
17. The Company and its operating platform provide services, facilitate transactions, and maintain commercial relationships with users in strict accordance with the terms, conditions, obligations, rights, responsibilities, restrictions, and limitations set forth in this Agreement, and this Agreement constitutes a legally binding, valid, and enforceable contract between the users and the Company from the moment of registration, sign-up, or first use of services, whichever occurs earlier.
18. This Agreement, together with all policies, guidelines, terms of service, privacy policy, and other supplementary documentation referenced herein or published on the platform, constitutes the entire agreement, complete understanding, and full consensus between the First Party and the Second Party concerning the subject matter hereof, and supersedes all prior agreements, understandings, negotiations, representations, warranties, communications, or discussions, whether oral or written, between the parties relating to such subject matter.
19. The Second Party acknowledges and expressly agrees that unless and until the Second Party accepts unconditionally, completely, and without any modification, reservation, or qualification whatsoever, each and every term and condition contained, incorporated, or referenced in this Agreement and any notice, update, amendment, or communication posted, published, or displayed on the official website, mobile application, or platform, and agrees to abide by, comply with, and be bound by all relevant laws, regulations, rules, circulars, government notifications, industry standards, and website policies relating to internet usage, electronic commerce, consumer protection, data privacy, and digital transactions, the Second Party shall have no right, entitlement, authorization, or permission to access, use, avail, or benefit from the services, products, facilities, features, or offerings that the Company provides, facilitates, or makes available under this Agreement or through its platform.
20. The Second Party understands, acknowledges, and accepts that the pricing policy, rate determination mechanism, and price calculation methodology adopted and implemented by the First Party for products, particularly precious metals and commodities, is fundamentally different, distinct, and separate from the pricing structures, rate benchmarks, and valuation methods employed by traditional brick-and-mortar retail stores, offline merchants, or domestic commodity exchanges, and that such pricing is determined, updated, and displayed in accordance with international market rates, global commodity exchanges, real-time price feeds from recognized international sources, currency fluctuation factors, and other relevant economic parameters.
21. The Second Party further understands, acknowledges, and expressly agrees that prices for precious metals, commodities, and other market-linked products fluctuate continuously, vary significantly, and change dynamically in accordance with international market standards, global economic conditions, currency exchange rate movements, demand-supply dynamics, geopolitical events, and numerous other factors beyond the control of the First Party, and accordingly, the Second Party cannot, shall not, and will not hold the First Party responsible, liable, or accountable for any profit, loss, gain, diminution in value, price differential, market fluctuation impact, opportunity loss, consequential damages, claims for compensation, demands for price adjustment, or any disputes, grievances, or complaints arising from or related to such price fluctuations, market movements, or pricing variations.
22. The Second Party acknowledges and agrees that any revisions, modifications, amendments, updates, changes, or alterations made to this Agreement, subsidiary rules, operational policies, service terms, pricing mechanisms, delivery procedures, or any other aspect of the platform operations shall automatically take effect, become binding, and be deemed accepted immediately upon being published, posted, uploaded, or displayed on the official website, mobile application, or platform of the First Party, regardless of whether specific individual notice is provided to each user.
23. The rights, obligations, duties, responsibilities, liabilities, entitlements, and restrictions of the Second Party shall at all times be governed by, interpreted in accordance with, and remain subject to the latest, most current, and most recently published version of the service terms, product terms, policies, guidelines, and conditions as available on the platform at any given time.
24. The First Party specifically reminds, notifies, and advises the Second Party that it is the sole and exclusive responsibility, duty, and obligation of the Second Party to remain aware of, keep themselves informed about, regularly review, and stay updated regarding any changes, modifications, amendments, updates, or revisions made to this Agreement, subsidiary rules, policies, terms of service, operational procedures, or any other relevant documentation from time to time as published on the platform.
25. If and when the Second Party continues to use, access, avail, or benefit from the services, products, facilities, or features offered on the platform after any relevant agreements, rules, policies, terms, or conditions have been announced, published, modified, or updated, such continued use shall constitute, represent, and be deemed as conclusive evidence that the Second Party has fully, completely, and thoroughly read, reviewed, examined, understood, comprehended, accepted, and agreed to be bound by the revised, modified, or updated agreements, rules, policies, terms, and conditions without any reservation, objection, or disagreement whatsoever.
26. If the Second Party does not agree with, accept, or consent to any relevant changes, modifications, amendments, or updates made to the terms, conditions, policies, or operational procedures, the Second Party retains the absolute right and option to immediately discontinue, cease, terminate, or stop using the services, platform, or facilities provided by the First Party at any time without any obligation to provide reasons, explanations, or justifications for such discontinuation.
27. Notwithstanding the right of the Second Party to discontinue services, the First Party simultaneously and concurrently reserves and retains the absolute, unfettered, and unconditional right to terminate, suspend, revoke, restrict, or limit this Agreement, deny access to services, disable user accounts, block the Second Party from entering, accessing, or using all or any part of the website, mobile application, or platform, without providing any prior notice, warning, explanation, or opportunity of hearing to the Second Party, and the First Party shall not bear, assume, or be subject to any legal liability, obligation to compensate, duty to explain, or responsibility to justify such termination, suspension, or restriction to the Second Party or any third party.
28. It is hereby clarified and agreed that any termination, suspension, restriction, or limitation of access imposed by the First Party does not, shall not, and will not exempt, release, discharge, or absolve the Second Party from any obligations, liabilities, payment duties, pending commitments, contractual responsibilities, or legal consequences arising from or related to consumption activities already performed, transactions already completed, orders already placed, payments already made, or services already availed on the website, mobile application, platform, or through any links, affiliates, or associated services made available thereon prior to such termination or suspension.
29. The Second Party understands, acknowledges, and agrees that multiple channels and mediums for communication, correspondence, and interaction exist and are made available, including but not limited to electronic mail, telephone calls, SMS messages, push notifications, in-app messaging, WhatsApp, and other messaging applications or communication platforms, for the purposes of conveying information, sending notifications, providing updates, delivering customer service, issuing alerts, or facilitating any other form of communication between the First Party and the Second Party.
30. All such communications, notifications, alerts, messages, and correspondence shall be sent, transmitted, or delivered to the contact details, addresses, telephone numbers, email addresses, or other communication coordinates provided, furnished, or registered by the Second Party during the registration process, account creation, profile setup, or subsequently updated by the Second Party through the platform interface or customer service channels.
31. The Second Party hereby indemnifies, holds harmless, releases, and forever discharges the First Party from any and all claims, demands, liabilities, losses, damages, costs, expenses, or consequences arising from or related to situations where the information, details, contact coordinates, addresses, telephone numbers, or email addresses provided by the Second Party are incorrect, inaccurate, outdated, incomplete, invalid, non-functional, inaccessible, or for any reason whatsoever render the First Party unable to successfully communicate with, reach, contact, notify, or deliver information to the Second Party through the provided contact details.
32. In any such case or circumstance where communication failures, delivery failures, notification failures, or information transmission failures occur due to incorrect, invalid, or inaccessible contact information provided by the Second Party, the Second Party expressly agrees that they shall have no right, entitlement, or basis to raise any claim, complaint, grievance, or dispute against the First Party, and such communication failure shall not be termed, characterized, labeled, or construed as inefficient service, deficient service, defective service, negligent conduct, breach of obligation, or any such terminology which may point to, indicate, suggest, or attribute any fault, deficiency, negligence, or responsibility on the part of the First Party as a service provider.
33. The Second Party hereby further indemnifies, assures, warrants, and unconditionally undertakes that they shall never blame, accuse, hold liable, file complaints against, initiate legal proceedings against, or seek any form of remedy, relief, or compensation from the First Party for any kind of civil liability, criminal liability, regulatory action, governmental inquiry, legal consequence, or adverse outcome arising out of, relating to, or connected with the data, information, content, materials, or communications shared, posted, uploaded, transmitted, or published on the website, mobile application, or platform by the Second Party or any third party.
34. The First Party provides, displays, and makes available various commodity information, product descriptions, market data, price information, technical specifications, usage guidelines, informational content, and educational materials on the platform strictly for the reference, information, and general knowledge of users only, and such information is not intended to constitute, nor should it be construed as, professional advice, investment recommendation, financial guidance, guarantee of returns, assurance of value appreciation, or solicitation to purchase.
35. The Second Party is advised, cautioned, and reminded that they should exercise their own judgment, conduct independent research, perform due diligence, make careful and informed choices, apply prudent decision-making, and take into account their actual financial situation, risk tolerance, investment objectives, personal circumstances, and specific requirements before making any purchase decision, placing any order, or entering into any transaction on the platform.
36. The Second Party must be fully aware of, understand, acknowledge, and accept the inherent risks associated with price fluctuations, market volatility, value depreciation, and economic uncertainties affecting precious metals such as gold, silver, platinum, and other commodities, and all financial risks, market risks, liquidity risks, opportunity costs, and any other risks of any nature whatsoever arising after the purchase of products, after funds are committed, after advance payments are made, or after price locking mechanisms are utilized shall be exclusively borne, assumed, and accepted by the Second Party themselves without any recourse, claim, or remedy against the First Party.
37. In addition to the foregoing, if at any time the First Party discovers, identifies, detects, or becomes aware of any handling error, processing mistake, system malfunction, technical glitch, pricing error, display error, calculation mistake, or any other error of any nature occurring due to system failure, software bug, human error, data feed failure, or any other reason whatsoever, the First Party reserves and retains the absolute and unconditional right to correct such error, rectify the mistake, reverse the transaction, cancel affected orders, modify incorrect information, adjust pricing, or take any other corrective action deemed necessary, including but not limited to unconditionally canceling, voiding, or refusing to honor orders, bookings, or transactions submitted, placed, or executed by customers during the duration, period, or timeframe when such error was active, operative, or affecting the system.
38. In all such cases of error correction, transaction reversal, or order cancellation, the Second Party is obliged, bound, and required to cooperate fully with the First Party, act promptly in accordance with notifications, instructions, or communications issued by the First Party regarding the correction of such error, accept the cancellation or modification of orders without dispute, and shall have no right to insist upon, demand, or claim execution, fulfillment, or honoring of orders, transactions, or bookings affected by such errors at incorrect prices, terms, or conditions.
39. The Second Party expressly understands, acknowledges, and agrees that any kind of sales, transactions, activities, operations, or dealings conducted, facilitated, or permitted on the website, mobile application, or platform shall at no time amount to, constitute, facilitate, or be construed as gambling, speculation, intraday trading, day trading, speculative trading, wagering, betting, or any other form of prohibited, regulated, or legally restricted activity under applicable Indian laws, regulations, or statutory provisions.
40. In order to ensure, verify, and confirm that no illegal activity, money laundering, terrorist financing, fraudulent transaction, unauthorized trading, speculative operation, or any other unlawful or suspicious activity is taking place, being facilitated, or being conducted through the platform, the First Party reserves the absolute and unconditional right to monitor transactions, scrutinize user behavior, investigate suspicious patterns, conduct due diligence, verify user identity, request additional documentation, and if deemed necessary or appropriate, mandatorily and unilaterally terminate, cancel, reverse, or refuse any transaction, order, or activity.
41. In the event of such termination, cancellation, or refusal of transaction by the First Party, any funds, payments, advances, or amounts paid or transferred by the Second Party shall be refunded, returned, or credited back to the user account, digital wallet, or original payment source within a period of two business days, and the Second Party shall have the right and facility to redeem, withdraw, or transfer such refunded amounts to their registered bank account or designated payment instrument in accordance with the withdrawal procedures, verification requirements, and processing timelines specified on the platform.
42. The First Party offers, facilitates, and makes available different types of sales mechanisms, transaction modes, purchase options, and payment structures on the website, mobile application, platform, and through retail operations where applicable, designed to provide flexibility, convenience, and choice to customers based on their preferences, financial capacity, and purchase requirements.
Fully Paid Sales
43. A transaction, purchase, or order shall be considered, classified, and processed as a fully paid sale when and only when the Second Party has paid, transferred, remitted, or settled the entire amount, complete purchase price, full consideration, and all applicable charges including but not limited to product price, making charges, service charges, processing fees, packaging charges, handling fees, delivery charges, taxes, duties, and any other amounts payable in respect of the product or service being purchased, ordered, or availed.
44. Upon receipt of full payment and successful completion of payment processing and verification, the ordered item, purchased product, or selected merchandise shall be prepared for dispatch, packed securely, and delivered to the Second Party at the delivery address provided by them within a period of fifteen calendar days from the date on which full payment is received, credited, and confirmed in the account of the First Party, subject to product availability, operational factors, logistical considerations, and force majeure events.
45. In case of non-delivery, delayed delivery beyond the stipulated timeline, delivery failure, or any other issue relating to the delivery of goods, the Second Party may invoke, utilize, and claim benefits under the return policy, refund policy, or customer grievance redressal mechanisms as published, displayed, and made available on the official website, mobile application, or platform of the First Party.
46. The buyback policy, repurchase facility, or sell-back option offered by the First Party shall be applicable and available only in respect of products that were originally purchased, acquired, or obtained directly from the First Party through its official platform, authorized retail outlets, or recognized distribution channels, subject to the terms, conditions, eligibility criteria, verification procedures, and limitations specified in the detailed buyback policy as published on the platform.
47. The First Party expressly clarifies and confirms that it shall purchase, buy back, or accept for repurchase only those products, articles, items, or merchandise which were previously sold, supplied, or delivered by the First Party itself to the customer, and the First Party reserves the absolute right to refuse, reject, or decline buyback requests for products obtained from third parties, unauthorized dealers, or other sources not affiliated with the First Party.
48. The price, rate, valuation, or consideration applicable, payable, or offered for products, particularly precious metals such as gold and silver, whether for purchase or buyback, shall be determined exclusively in accordance with and subject to the price, rates, valuations, or benchmarks mentioned, displayed, published, or quoted on the official website, mobile application, or platform of the First Party at the relevant time of transaction, and shall not be based on or linked to prices, rates, or valuations from any other source, platform, exchange, or marketplace.
49. All payments, remittances, transfers, or settlements to be made, executed, or processed by the Second Party for purchases, orders, bookings, or any other transactions shall be made exclusively through electronic means, digital payment methods, or online payment mechanisms including but not limited to internet banking, Unified Payments Interface (BHIM UPI), net banking facilities, digital payment applications such as Paytm, Google Pay, PhonePe, or any other payment gateways, payment processors, or payment instruments as enabled, integrated, allowed, supported, or made available on the website, mobile application, or platform of the First Party.
50. The First Party does not accept, facilitate, or process cash payments, cash on delivery, cheque payments, demand drafts, money orders, or any other offline or non-electronic payment methods except where specifically authorized, permitted, or communicated for certain exceptional circumstances, special categories of transactions, or designated offline retail operations, if any.
51. Any unlawful act, fraudulent activity, illegal transaction, prohibited conduct, or violation of applicable laws performed, committed, attempted, or facilitated by the Second Party in connection with or relating to the use of services, purchase of products, or any dealing with the First Party shall be entirely and exclusively at the risk, cost, responsibility, liability, and consequences of the Second Party, and the Second Party shall bear full legal responsibility, face all legal consequences, and remain solely accountable for any such acts without any liability, responsibility, or accountability being attributed to or imposed upon the First Party.
52. The price, rate, valuation, or consideration for products derived, calculated, displayed, or quoted on the official website, mobile application, or platform of the First Party for fully paid purchases shall change, be updated, or be revised at eleven hours and thirty minutes ante meridiem (11:30 AM) Indian Standard Time on every business day, working day, or trading day, and the price so determined and displayed shall remain consistent, stable, fixed, and applicable for the entire working day, business hours, or until the next scheduled price update, which pricing mechanism and policy is hereby termed, defined, and referred to as the "Fixed Daily Price Policy" for fully paid transactions.
53. In case of return, exchange, or replacement of products due to damage during transit, wrong product delivery, defective product delivery, product not matching description, or any other valid reason attributable to the fault, error, or responsibility of the First Party, the First Party shall replace, exchange, or provide a substitute for the same product, equivalent product, or product of similar specifications within a period of fifteen calendar days from the date of receipt, collection, or retrieval of the damaged goods, wrong goods, or defective goods at the premises, warehouse, or designated collection center of the First Party.
54. The exchange, replacement, or return facility shall be applicable, valid, and honored only if and when the seal of the product is untampered, intact, unbroken, unopened, undamaged, and in its original condition, and the original packaging, labels, tags, certificates, and accessories are complete and undamaged.
55. The Second Party acknowledges, confirms, and undertakes that they shall not accept, receive, or take delivery of any product whose seal is broken, tampered with, opened, damaged, torn, or in any manner compromised, interfered with, or not in its original factory-sealed condition, and shall immediately bring such discrepancy, defect, or issue to the attention of the delivery personnel, courier service, logistics partner, or customer service representative of the First Party at the time of delivery itself, and obtain proper acknowledgment, documentation, or photographic evidence of such condition.
56. In case of such exchange, replacement, or return due to damage, wrong delivery, defective product, or any other fault on the part of the First Party or its service providers, the Second Party shall be required to either physically drop, deliver, hand over, or deposit the product at the premises, office, warehouse, or designated collection center of the First Party, or alternatively, send the product by way of registered post, reputable courier service, insured parcel service, or any other reliable logistics method as may be advised or approved by the First Party.
57. The cost, charges, expenses, or fees for such return shipment, courier service, postal charges, packaging, insurance, or transportation in cases of product return or exchange shall be initially borne, paid, or advanced by the Second Party, and the First Party may, at its sole discretion, choose to reimburse such costs if the return or exchange was necessitated due to the fault, error, or deficiency on the part of the First Party or its service providers.
58. The Second Party acknowledges and agrees that they shall fully indemnify, hold harmless, and accept complete responsibility for any damage, loss, theft, misplacement, or adverse event occurring to the product during the entire transit period, transportation phase, or shipping duration from the time the product leaves the possession of the Second Party until it is safely received, verified, and acknowledged by the First Party at its designated location.
Booking Sales and Reservation Mechanism
59. This type of sale, transaction mode, purchase option, or reservation facility termed as "Booking Sales" or "Advance Booking Mechanism" is specifically applicable, available, and limited only to certain categories of products including gold bars, gold coins of various denominations and weights, silver bars, silver coins, and such other precious metal products as may be specified, designated, or notified by the First Party on the platform from time to time.
60. Under this particular kind of sales mechanism, booking facility, or reservation option, the buyer, customer, or Second Party shall initially pay, transfer, or remit a minimum amount, advance payment, booking fee, or initial deposit as specifically prescribed, mentioned, displayed, or indicated against each individual product, product category, or product listing on the website, mobile application, or platform in order to book, reserve, secure, or lock the product at the prevailing price or rate at the time of such booking.
61. After receipt, processing, and confirmation of the said booking price, advance payment, or initial deposit by the First Party, the buyer, customer, or Second Party must make a decision, determine their course of action, and communicate their intention regarding whether to proceed with full payment to complete the purchase or to cancel the booking and obtain a refund before one hour, twenty-nine minutes, and fifty-nine seconds ante meridiem (01:29:59 AM) Indian Standard Time on Saturday of every calendar week.
62. If the decision to either fully pay for the product to complete the transaction, or alternatively to cancel the booking and seek refund, is made, communicated, and intimated to the First Party before the deadline of Saturday at one hour, twenty-nine minutes, and fifty-nine seconds ante meridiem (01:29:59 AM) and such decision is properly intimated, notified, or conveyed within the same stipulated tenure, timeline, or deadline period, then any further bookings, subsequent transactions, new purchases, or additional orders placed thereafter shall be priced, calculated, or processed strictly as per the real-time price, current market rate, or prevailing price applicable at the time of such new booking, and the detailed mechanics, calculations, pricing methodology, and operational procedures for such transactions are more clearly explained, elaborated, and specified in the comprehensive booking policy document accessible through the link provided on the official website or platform of the First Party.
63. If and when the decision regarding completion of payment or cancellation of booking is not made, communicated, or intimated within the above-mentioned timeline, deadline, or stipulated period, and simultaneously the market value, price, or rate of the booked product declines, falls, or moves downward to eighty percent (80%) of the originally booked price or reaches the customer's pre-set capping limit, price floor, or stop-loss level as configured by the customer in their account settings, then in such circumstances, the booking transaction shall be automatically terminated, canceled, or closed by the system without requiring further action or consent from the Second Party.
64. Upon such automatic termination, system-initiated cancellation, or closure of the booking, the amount received, advance payment made, or booking deposit paid by the Second Party shall be calculated, valued, or assessed as per the prevailing market price, current market rate, or real-time valuation at the time of such termination, and the same shall be refunded, repaid, or credited back to the account, wallet, or payment source of the Second Party after deduction of applicable processing fee, administrative charges, service charges, and all taxes including Goods and Services Tax (GST) as may be applicable under law.
65. The price, rate, or valuation used for calculating the refund amount, settlement value, or repayment sum in case of such cancellation or termination shall be determined exclusively in accordance with and based upon the price, rate, or valuation as mentioned, displayed, published, or quoted on the official website, mobile application, or platform of the First Party at the relevant time of termination, and not based on any external source, third-party platform, or alternative pricing mechanism.
66. All calculations, computations, and determinations relating to the value of goods, price payable, rates applicable, refund amounts, processing fees, service charges, and Goods and Services Tax (GST) arising out of or in connection with cancellation, termination, or closure of bookings shall be made visible, displayed, and accessible to the Second Party in a separate dialogue box, pop-up window, detailed statement, or information panel available at a single click, which comprehensive disclosure will enable, help, and allow the Second Party to properly analyze, understand, assess, and evaluate their risk exposure, cost implications, financial consequences, and potential outcomes before making decisions.
67. The price, rate, or valuation of gold, silver, and other precious metals or commodities for purposes of booking sales shall at all times be subject to and determined exclusively in accordance with the price, rates, or valuations published, displayed, or quoted on the official website, mobile application, or platform of the First Party, and shall not be linked to, based on, or derived from prices on any other platform, exchange, marketplace, or source.
68. All payments, remittances, or transfers to be made or executed by the Second Party in connection with booking sales, whether initial booking amount or final payment, shall be made exclusively through electronic means, digital payment methods, or online payment mechanisms including but not limited to internet banking, Unified Payments Interface (BHIM UPI), net banking facilities, payment applications such as Paytm, or any other payment gateways or payment instruments as enabled or made available on the platform.
69. If and when the Second Party decides to utilize, avail, or opt for the booking service facility and subsequently chooses to complete the purchase by making full payment, the Second Party understands, acknowledges, and expressly agrees that they shall be required to pay the fully paid price, complete purchase price, or total amount as applicable at the time of conversion to fully paid status, and not the originally locked booking price, initially reserved rate, or advance booking rate, as at that moment of completion of payment the booked product gets converted, transformed, or upgraded into a fully paid product category subject to all terms, conditions, charges, and policies applicable to fully paid sales including processing fees and applicable taxes.
Home Delivery
70. Under this type of delivery mode, delivery option, or fulfillment method designated as "Home Delivery" or "Doorstep Delivery", the customer or Second Party shall receive delivery of the ordered product, purchased merchandise, or selected items at the residential address, office address, or any other delivery location provided, specified, or registered by them during the order placement process, within a period of fifteen calendar days from the date of confirming the order, completing payment, or fulfilling all pre-delivery requirements.
71. The person collecting, receiving, or accepting delivery of the said parcel, package, or shipment at the delivery location must and shall be required to provide one recent passport-size photograph of themselves, along with a photocopy and self-attested copy of any one of the following valid identity documents: Driving License issued by competent authority, Aadhaar Card issued by Unique Identification Authority of India, Permanent Account Number (PAN) Card issued by Income Tax Department, or valid Passport issued by Government of India.
72. The identity documents specified above are the only acceptable, valid, and recognized documents for verification purposes during delivery, and failure to provide, produce, or present such required photograph and identity documents at the time of delivery shall result in the product not being delivered, parcel not being handed over, or shipment being returned to the First Party without completion of delivery.
73. The person collecting, receiving, or accepting the product at the time of delivery shall be required to hold the delivered box, package, or parcel in their hands and allow, permit, and cooperate with the delivery personnel, courier representative, or logistics partner to click, capture, or take a photograph of the recipient along with the delivered box, package, or parcel for record-keeping, verification, security, and proof-of-delivery purposes.
Self-Collection
74. Under this delivery mode, collection option, or fulfillment method designated as "Self-Collection" or "Customer Pickup", the customer or Second Party shall be required to personally visit, come to, or appear at the office, warehouse, collection center, or designated location of the First Party as mentioned, specified, or notified on the website or through communication channels, and collect the product at the allotted time, scheduled time slot, or appointment time as communicated or confirmed by the First Party.
75. The person collecting or receiving the said parcel, package, or product under self-collection mode shall be required to provide one recent passport-size photograph of themselves, along with a photocopy and self-attested copy of any one of the following valid identity documents: Driving License, Aadhaar Card, PAN Card, or Passport as specified in the earlier clauses.
76. These identity documents are the only acceptable and valid documents for verification purposes, and failure to provide or produce such required photograph and identity documents at the time of collection shall result in the product not being handed over or delivered.
77. The person collecting the product under self-collection mode shall be required to hold the delivered box or package and allow the authorized personnel of the First Party to click or capture a photograph of the recipient along with the collected box for record-keeping and verification purposes.
Safekeeping Facility
78. When and if the customer or Second Party chooses, opts for, or selects the safekeeping option, storage facility, or custody service, then the purchased product, ordered merchandise, or selected items shall be retained, stored, kept safe, and maintained in secure custody with the First Party at its premises, warehouse, vault, or designated storage facility until such time as the customer requests delivery, opts for collection, or provides further instructions.
79. This safekeeping facility, storage option, or custody service is designed, provided, and made available primarily to enhance ease, provide flexibility, and offer convenience to customers who wish to avail of the buyback policy, repurchase facility, or sell-back option at a later date without the hassle of physical possession and re-delivery.
80. This option is typically opted for, chosen, or selected by customers when they are usually unsure of delivery arrangements, uncertain about delivery date, time, and place, undecided about their final decision regarding the design, specifications, or exact product purchased, or when they prefer not to take physical possession immediately for security, convenience, or other personal reasons.
81. The customer or Second Party who has opted for safekeeping may, at any subsequent time, later stage, or future date, request, apply for, or avail the facility to request delivery of the product to a specified address or request pickup from the premises of the First Party, subject to providing prior notice, scheduling an appointment, and complying with all delivery or collection procedures as applicable.
82. The person collecting the said parcel, package, or product from safekeeping storage shall be required to provide one recent passport-size photograph, along with photocopy and self-attested copy of any one valid identity document as specified earlier, namely Driving License, Aadhaar Card, PAN Card, or Passport.
83. Failure to provide or produce such required photograph and identity documents at the time of collection from safekeeping shall result in the product not being delivered or handed over to the person seeking collection.
84. The person collecting the product from safekeeping shall be required to hold the delivered box or package and allow the authorized personnel to click or capture a photograph of the recipient along with the delivered box for record-keeping, security, and verification purposes, and the Second Party shall not be offended by, object to, or refuse such photographing as the same is utilized strictly for record purposes, security protocols, and customer protection measures only.
General Delivery Terms
85. The delivery of products, shipment of orders, or dispatch of merchandise shall be made only to those places, locations, areas, or pin codes where the logistics facility, courier service, delivery network, or transportation infrastructure of the First Party or its empaneled logistics partners is available, operational, accessible, and functional.
86. If the delivery address provided by the Second Party does not fall within the serviceable area, does not lie in the available logistic route, or is not covered by the operational delivery network of the First Party or its logistics partners, then the customer may choose, opt for, or select either the self-pickup option by collecting the product from the premises of the First Party or the safekeeping facility where the product will be stored until alternative arrangements can be made.
87. To check, verify, or confirm the status, availability, or coverage of the logistic route, delivery serviceability, or shipment feasibility for their specific address or location, the Second Party may utilize, access, or run the pin code checker, serviceability verification tool, or delivery check feature available through the official website, mobile application, or platform of the First Party.
88. Customized gold jewelry, personalized products, made-to-order items, specially designed articles, or any products that have been modified, altered, or customized according to specific customer requirements shall not be accepted, entertained, or eligible for buyback, repurchase, or sell-back under any circumstances whatsoever.
89. Any kind of change, alteration, modification, wear and tear, physical damage, deterioration, or deviation from original condition of the product, whether due to normal usage, passage of time, handling, or any other reason, shall render the same ineligible, disqualified, or unacceptable for buyback, sell-off, or repurchase facility.
90. The buyback policy, repurchase facility, or sell-back option is presently applicable and available only through offline mode, physical verification, in-person assessment, or at designated offline retail stores, collection centers, or authorized buyback locations of the First Party, and online buyback facility may be introduced at the sole discretion of the First Party in future.
91. The price, cost, charges, or fees for testing, verification, assessment, purity check, or quality evaluation of the product being offered for buyback shall be exclusively borne, paid, or assumed by the Second Party only, and the First Party shall have no obligation or responsibility to bear, reimburse, or waive such testing charges.
92. The First Party will allow, entertain, process, or approve this buyback facility, repurchase option, or sell-back service only for products that were originally purchased from the First Party itself, and only after conducting proper due diligence, thorough verification, authenticity checks, quality assessment, and obtaining approval from authorized evaluators, appraisers, or assessment personnel designated by the First Party.
93. If it is found, discovered, or determined that the Second Party has provided, deposited, or furnished any wrong information, incorrect details, insufficient documentation, false declarations, or misleading representations, or has attempted to create, commit, or perpetrate a fraud with the First Party through submission of non-genuine products, counterfeit items, or products not originally purchased from the First Party, then in such case the buyback option shall be immediately cancelled, the transaction shall be terminated, and the Second Party shall be additionally required to pay the processing fee, inspection charges, testing costs, or verification expenses incurred by the First Party for such checking, testing, or examination of the product.
94. The customer or Second Party shall be required to visit, attend, or present themselves at the authorized testing center, verification facility, or assessment location as may be specified, designated, or made available on the website, mobile application, or platform of the First Party for the purposes of product verification and evaluation.
95. Thereafter, upon generation of the testing report, verification certificate, or assessment documentation, and subject to approval, clearance, or acceptance from the First Party based on such report and evaluation, the Second Party shall be required to physically drop, deposit, hand over, or leave the product with the testing center, authorized facility, or designated collection point as instructed by the First Party.
96. Further and more detailed provisions, terms, conditions, procedures, documentation requirements, pricing methodology, and operational aspects of the buyback policy are comprehensively elaborated, explained, and made available on the official website, mobile application, or platform of the First Party, and the Second Party is advised to thoroughly read, understand, and familiarize themselves with such detailed buyback policy before availing this facility.
97. Buyback transactions, repurchase settlements, or sell-back payments shall be processed, calculated, and executed only as per the prevailing market price, current market rate, or real-time price applicable at the time of buyback transaction as displayed on the platform of the First Party, and not based on the original purchase price, historical rates, or any other pricing benchmark.
98. It is expressly clarified and agreed that it is the sole, absolute, and unfettered discretionary power, prerogative, and right of the First Party to decide upon, approve, accept, or reject any buyback request, repurchase application, or sell-back proposal, and the Second Party shall not force, compel, demand, insist upon, or claim any mandatory buyback, automatic repurchase, or guaranteed sell-back right, without the First Party being satisfied with and the Second Party providing sufficient information, complete documentation, proper verification, and meeting all eligibility criteria to the satisfaction of the First Party.
99. At the time of such buyback transaction, repurchase settlement, or sell-back process, the Second Party shall be required to keep ready, produce, present, or provide the electronic bill, e-invoice, original purchase receipt, or transaction confirmation issued at the time of original purchase for verification purposes, security checks, authentication, and record maintenance.
100. The Second Party understands, acknowledges, and accepts the buyback policy in its entirety without any alteration, modification, reservation, doubt, objection, or disputes, and further understands and acknowledges the reality of market changes in price, fluctuations in valuation, and volatility in precious metal rates, and accordingly shall not blame, hold responsible, file claims against, or seek compensation from the First Party for such market-driven price changes, valuation differences, or loss of value.
101. The Second Party fully indemnifies, holds harmless, and releases the First Party from any and all claims, demands, liabilities, or causes of action relating to or arising from such buyback transactions, price differences, market fluctuations, or valuation changes.
102. In cases where buyback is approved, accepted, and completed, the money, payment, settlement amount, or buyback proceeds can be and shall be transferred, credited, or remitted to the bank account, digital wallet, or payment instrument of the Second Party within a period of ten business days from the date of dropping, depositing, or handing over the product at the registered outlet, authorized center, or registered office of the First Party.