Terms and Conditions

Terms and Conditions

Greetings from SMK Thanga Maligai!!!

We value what you value. And indeed for us Jewels value more than its physical value. SMK Thanga Maligai always anchors this principle in its value system and takes utmost care in honoring that. Please read carefully about our company’s terms and get to know what and how we serve our customers.


Owned and operated by

The website is owned and operated by SMK Thanga Maligai having its registered office at 5/133, K.S.R Complex, Dindigul Main Road, Gopalpatti, Tamil Nadu - 624308.


Annotation

SMK Thanga Maligai shall henceforth be addressed as ’SMK Thanga Maligai ’ or ’The Jeweller’ or ’The company’ or ’Us’ or ’We’ or ’smkthangamaligai@gmail.com’ or ‘smkthangamaligai.com’ or website. ’Jewellery’ or ’Jewels’ defines any jewels customized, designed or pre-designed in precious metals like Gold, Platinum or Silver with or without stones or any precious elements and can also mean gold coins. ’Stones’ defines any and every kind of precious and semi precious stones includes diamonds, emeralds, pearls etc. While people(or customers) who use this website shall be defined as ’User’, ’You’, ’your’ and ’Customer’, registered users(and customers) can be defined as ’member’ or ’registered member’.


User Agreement

SMK Thanga Maligai’s policies are rules and guidelines that create and promote a safe and fair trading environment for all its customers. User Agreement is the predominant policy. All users or members are responsible for going over, understanding SMK Thanga Maligai’s policies and all applicable laws and regulations of this contract and abiding by the same.


Amendments

The user agreement shall be inferred in accordance with the applicable and prevailing laws of India. The website policies follow the Government of India’s amendment to Information Technology Amendment Act, 2008 or ITAA 2008 which focuses on Information Security, Cyber Terrorism and Data Protection. Sensitive Personal Information and Reasonable Security Practices mentioned in section 43A of ITAA, 2008 will be followed. Those who choose to use this website from abroad or outside of India are responsible for complying with the local laws.


Eligibility Criteria

Any user who’s deemed to be ’incompetent to contract’ by Indian Contract Act, 1872 is not eligible to use this website. Anyone who is below 18 years of age shall not be allowed to become a member or to use or purchase or enter into contract through the website of SMK Thanga Maligai.


Registration Obligation

All the information provided by the users have to be true, accurate, to the detail, current and complete as required by the registration process of website. If the user provides any information that isn’t in accordance with the above stated criteria and or if the management of SMK Thanga Maligai has a reasonable cause to suspect or consider that the information provided by you to be untrue or deviates from the criteria or not in concurrence of opinion with the user agreement, SMK Thanga Maligai has every right to cancel or suspend or terminate the membership and restrict the access with website indefinitely.


Registration

Registration with website is made simple and easy with just a few steps and it is free of cost.


Contact & Personal Information

User has to enter their personal information such as Name, Address and Phone number. Personal information includes Date of Birth, which website uses to verify the user’s age. After registration, user may change their personally identifiable information such as the login password in their profile by logging into their account and it is always advisable not to share your login details with anyone and to update the password at periodic intervals to keep it protected.


Acceptance of User Agreement & Privacy Policy

Read the user agreement and privacy policy, if you accept the terms and conditions of user agreement along with the privacy policy, check the box indicating acceptance of the contract. You must accept the contract to continue registration failing which you should not use the website.


Create User Info

User ID is required for users to login and purchase. You can create a user ID and set a password. The choice of User ID is based on the availability of the user name. If you ever forgot your password, make use of the ’Forgot Password’ link in the login page. You will be prompted to enter your registered email address or mobile number to receive OTP or next steps to reset the password. You are advised to set(or reset) a strong password which is a combination of letters, numbers & special characters.


Confirm Registration

Check the email or mobile number for confirmation of registration. Use this registered email for communication with the company. You shall be responsible for all activities that occur under your account.


Tax and Value Added Charges

As per the current regulations of Government of India, all Jewels be it Gold, Silver, Diamond, Platinum or any other precious metal with or without precious or semi precious stones that are billed will fall within the scope of GST, which shall subsume the tax structure that had been in force till June 2017.
Here is a recap of the previous tax pattern for your comparative analysis with the present pattern. Prior to GST being implemented, the overall tax rate on gold jewellery stood at 2%(1% excise duty and 1% VAT). GST has replaced the excise duty and VAT components,with a single tax of 3% only. This tax shall be referred as the ’tax’ or ’taxes’ henceforth.
The cost of the jewel includes the physical content of Jewels, designing cost and making charges along with the wastages. SMK Thanga Maligai has every right in determining the cost of the product. These costs shall be referred to as ’Value Added Charges’.


Termination of Agreement

The management of SMK Thanga Maligai is vested with the right to terminate the membership of the users and their agreement when it is found that any member violates the terms and conditions or privacy policy as such. SMK Thanga Maligai is not duty bound to provide prior notice to any member about terminating their membership and restricting them from accessing the website. It is required that the member has to erase or destroy the downloaded or copied data obtained from website under the user agreement in the event of termination of membership. Termination of membership shall not in any way alter your obligation of any outstanding payment towards the purchase of the merchandise.
The user can terminate his/her membership by writing to the company that he/she no longer wishes to avail the services of website and discontinue further use of this website. Your request for termination shall be processed in 7 to 10 business days. However you still ought to complete any arrears with payments.


Payments

Payment shall be made through credit card or debit card or through net banking or transferred through NEFT via banks. Once an order is placed user will be directed through payment gateway for online payment and transactions to purchase the merchandise and user shall choose their payment option.
It is assumed that every member who is a (bank’s) cardholder is aware of the terms and conditions of online banking and usage of bank cards. Else, check with your bank’s policy. User should understand, agree and confirm that the information they provide on the debit or credit card while updating their user account profile should not impersonate other person. The same principle holds good for internet banking; the user shall not use other person’s internet banking account to transact with this website.
The information shall not be utilized or shared with third party unless required for legal verification by agencies such as judiciary or police enquiry.
SMK Thanga Maligai shall not be responsible for intentional deception, fiddle or fraud of debit or credit card or internet banking by any third party while using the website. Check the privacy policy.
SMK Thanga Maligai reserves every right to undo any purchase process even after the payment is done either as full or part payment. The reason for rejection shall be cited through the contact information provided. Kindly refer the ’Cancellation terms’ part of the terms and conditions. In case of refund, the payment shall be credited to the user’s account. Check the refund procedure to know how refund of the payment is done from SMK Thanga Maligai.
The invoice from SMK Thanga Maligai includes the product’s price (as described in the Terms and Conditions of SMK Thanga Maligai), ’taxes’ (as described as Taxes) and other costs mentioned as the ’Value Added charges’. Users have to pay all the charges and are responsible for reporting on their personal income or tax related issues as per the requirements of Government of India.


Lifetime Exchange

Customers can exchange the Jewels bought from us at any of our showrooms for a new jewel with ’appropriate price’ for the old jewel. SMK Thanga Maligai shall solely determine the ’appropriate price’ which includes the charge based on the prevailing market price of metals or stones.


Return and Exchange Policy

SMK Thanga Maligai strives hard in ensuring the satisfaction of every customer who have purchased or ordered with it. The process of exchange of the product purchased is made as simple as possible.
If the customer tampered the jewel deliberately with or without the intention of usurping financial benefits, legal action will be taken under all applicable laws for cheating, theft, forgery etc., for the damage or defamation caused to the company. In such an event,
SMK Thanga Maligai apart from initiating legal actions against such customer shall also penalize by not refunding the amount paid towards the purchase of jewel. Users, beware of the fact that SMK Thanga Maligai maintains every record-visual, factual as well as legal information about the product that is sold.
i)Terms for Return on Dissatisfaction - Limited Duration
In case, the customer is not satisfied with the product after receiving they can return the product within 3 days from the delivered date. Return policy is subject to the following conditions:
The product should be returned in the same condition as delivered by SMK Thanga Maligai.
Product showing sign of wear or engraved, altered, resized or damaged may not be accepted and may be returned to the customer itself.
Products can be exchanged only at the showrooms of SMK Thanga Maligai binding by the terms stated under ’Lifetime Exchange’.
Product invoice provided by SMK Thanga Maligai must be submitted along with the ’Jewel to be returned’ while returning. Else return process shall be void.
It is presumed that users are aware about Jewellery and the right way of handling them before purchase and SMK Thanga Maligai shall not take responsibility for any wear or damage caused by inappropriate handling or improper placement. Return or refund or exchange of such products of such a case shall not be entertained by SMK Thanga Maligai.
ii)Terms for Exchange
In case you wish to exchange your item with in 3 days from the date of purchase for an alternative product, we suggest that you return the product for a credit and purchase the new product separately.
Customer may return the product for exchange within 3 days for full invoice value. User shall bear the varied price of the new product purchased if it’s current invoice value is greater than previously generated invoice value, of the returned item(s), and if the current invoice value is lesser than the previous invoice value SMK Thanga Maligai shall return the difference amount to the customer.


Refund Policy

All return or refund or money back shall be paid to the customer through cheque or internet banking within 15 working days to the user’s purchased account after deducting whatever transaction charges that are involved.


Cancellation Policy

Users will be informed if their order is aborted or cancelled either partially or fully and the company may request for additional information if required. Cancellation of order shall happen either by the customer or by the company.
i) Cancellation from Customer
To cancel an order you have to send cancellation notice via email mentioning the Order Id. User can cancel the order for any genuine reason at any time regardless of the shipment status. Customized jewels shall not be entertained for cancellation before or after delivery. We reserve the right to accept or reject requests for order cancellations for any reason. The user agrees not to dispute the decision made by us and accepts our decision as final, in this regard. As part of usual business practice, if we receive a cancellation notice the full invoice value will be refunded to you to the same bank account through cheque or internet banking from where the payment was originally effected.
ii) Cancellation by Company
Situation may arise that SMK Thanga Maligai may not be in a position to accept an order and hence left with no other alternative except cancellation. SMK Thanga Maligai reserves sole discretionary right to refuse or cancel an order for any reason which the management considers appropriate. Few of the situations that lead to the cancellation of your order includes the unavailability of the product, problems identified by credit and fraudulence investigation of fraud avoidance department, inaccuracies or errors in product or pricing information etc,. If the order is cancelled by the company, after your credit/debit card is charged or if payment is processed through internet banking, the charged/paid amount will be refunded back to the same account. The cancellation of the order may be either in full or partial(cases where you purchased more than an item and purchase of one item is cancelled by the company) and the information about cancellation will be informed to the customer and, if required, SMK Thanga Maligai shall clarify the required information.


Shipping Policy

The management of SMK Thanga Maligai is happy to provide secured shipping to the customers for the purchased orders within the geographical boundary of India. The operations team and their associates strive in ensuring the delivery is made accurately in perfect condition and on time. At present the delivery is available in selected towns/cities. However, on demand of customer, with an additional shipping charge, shipment can be made for other cities or interior part of some cities. For some parts of the city, customer may have to visit the courier office to collect the shipments. Do confirm it with smkthangamaligaioffice@gmail.com. The user must provide the full name (as provided in proof), full address in detail, contact number of the recipient (user). The proof of recipient is verified with government approved identity proof.


Repairs

In case the jewels bought needs repair, it has to be given in any of the showrooms of SMK Thanga Maligai. The customer must produce the invoice of the purchase. Customer must bear the repair charges as informed by SMK Thanga Maligai.


Fraudulent Transactions

SMK Thanga Maligai reserves every right and shall reclaim the product cost, processing charges, shipping cost, legal expenses and other such cost from the user who is involved in a fraudulent transaction.


Legal Actions

Any user who breaches the terms and conditions or involves in any credit/debit card or internet banking scam or considered to violate any act considered as violation of Indian Contract Act, 1872 shall face the consequence legally under similar acts applicable. Legal proceedings shall be initiated against the user who is involved in such fraudulent transaction or any unlawful act.


Rights about the content

SMK Thanga Maligai reserves and holds all the rights of the contents on the website. The content(s) of the website, including texts, design(s), photograph(s), model(s), trademark(s) etc are the intellectual property of SMK Thanga Maligai and shall not be copied, edited, modified, misused, repositioned, translated or transcribed, rented or sold by any means.
Usage of the content(s) or service(s) shall not be displayed, utilized in any way other than personal viewing, either for commercial or non –commercial purpose. Kindly do check Copyrights and Trademark section.
SMK Thanga Maligai holds non exclusive, royalty - free and irrevocable rights to use, modify, adapt, translate, create derivative works, publish, display, distribute the contents of the users or members such as feedback, comments, mails etc.


Website Contents

Without any limitations, the texts, the images and all other content that includes the corporate logo, the photographs, models, audio, video, the ’look and feel’ of the website, the color texture and coordination, the graphics, the software, the database, the user interface, the Graphical User Interface, promotional files such as images, audio tunes, video files, the designs, along with product designs and thereof shall collectively be called the ’website content’. The ’website content’ is a creative work of SMK Thanga Maligai, vendors, and corporate associates. Any resemblance of the content with others is unintentional and co-incidental.


Third Party Content

In the website of SMK Thanga Maligai, users may find few links leading to ’third party’ websites. It could be advertisement, commercial or informational websites. However, SMK Thanga Maligai doesn’t endorse the content of those sites for its accuracy, legitimacy or genuineness. The user alone is responsible for the consequences that may arise as a result of trusting those third party content.


Ownership of Content, Copyrights and Trademark

SMK Thanga Maligai is entitled to ownership of ’Website Content’ as defined in the passages ’Website Content & Feedbacks, Reviews and Customer Interaction’. SMK Thanga Maligai shall be considered as the owner of social media page of SMK Thanga Maligai and shall be considered as owner for these contents and also reserves right over the member’s feedback, suggestion, complaints.
This content shall not be published, displayed, distributed, transferred, modified, plagiarized, sold or exploited in any way either partly or fully . All software used in the website is property of SMK Thanga Maligai or their vendors and under copyrights protection act of India or Indian copyrights Act (ICA) and other applicable laws and are protected by Indian and international copyrights law.


Communications

SMK Thanga Maligai is interested in connecting with customers and constantly promoting the satisfaction of its customers by being receptive to their suggestions and feedbacks. Feel free to contact our office if you require any clarification regarding the Terms and Conditions or about the website and its contents. Our team will eagerly respond to your queries.


Electronic Communications

SMK Thanga Maligai may communicate to customers through email or SMS or telephone or WhatsApp or any other electronic channels by which the customer has provided. When a customer provides his/her details, either during regular course of business or for specific enquiry initiated by customer or when supplied by customer when requested, customer consents to the use of such contact information provided by him/her by SMK Thanga Maligai to engage with the customer and SMK Thanga Maligai reserves the right to choose any appropriate mode of communication to interact with the customer, . Customers can reach SMK Thanga Maligai team using the Mail ID & contact number conspicuously displayed in the header or footer sections of the website. The customer support personnel shall be available from 9 am to 6 pm Indian Standard Time (GMT +5.30 Hrs). Customer support or sales support staff are capable of educating the user on the product or terms and conditions when inquired.


Feedbacks, Reviews and Customer Interaction

User can also connect with us and share their shopping experience on our website, smkthangamaligai.com or in social media. To get regular updates and news feeds about SMK Thanga Maligai, please check our social media accounts listed in the website. User may give feedback on the products or services of SMK Thanga Maligai or share their reviews on discussion forum. Users who provide feedback or review or participate in customer interaction sections or pages agree that they refrain from posting, uploading, distributing, storing any content/text/picture/video/audio or manipulate any existing web content or other user content that may be considered as unlawful, unethical, obscene, explicit, suggestive, of pornographic nature or threatening or intruding privacy or harassing, abusive or cheating etc to SMK Thanga Maligai or its social network page.
Users shall also desist from posting any content that are intellectual property such as copyrights, trademarks, business process, patents or trade secrets of others or any third party. They shall never indulge in any unsolicited campaign like marketing or promotional or political campaign of any kind. They should never post any links or contents that are harmful to the website users like virus, spy wares, or destructive files.
SMK Thanga Maligai assumes no responsibility over the user comment or interactions on any of its interactive pages. SMK Thanga Maligai shall not owe an answer to any of the user’s comment and may or may not remove the user or user’s comments. User is solely responsible for such comments, reviews, suggestions, feedback, ideas posted, submitted or disclosed (shall be defined as interactions) to SMK Thanga Maligai. SMK Thanga Maligai reserves exclusive rights for all the content (interactions) as the user agrees to a royalty free, irrevocable and fully licensable right and SMK Thanga Maligai shall in anyway use it either for commercial or other way and is entitled to use, edit, modify, create, recreate, or create derivative work, adapt and publish, promote, market, distribute or display it through any media any where in the world.


Indemnification

You agree to defend SMK Thanga Maligai, its management, directors, employees, consultants, agents, shareholders regarding the content posted on the interactive pages from and against any claims and expenses that may also include legal actions, for your violation against any party and against the Terms and Conditions of the SMK Thanga Maligai.