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CUSTOMERS
AGREEMENT
This
agreement is signed between FIRST PARTY website www.aofygold. in, including PC
End, Mobile End, and application program, hereinafter referred to as "this
website" or "AOFY") users, and use the Consumer provided by
AOFY. A company incorporated under Indian Companies Act, 2013. Having address
at B121, Kendriya Vihar, Gurgoan Sector 56, Haryana - 122011. Herein after
referred as the First Party.
And
The
person/individual/company/ jointly and severally signing up on this website in
order to purchase gold and silver coins, jewelry, articles, etc Online. That
the person signing up is the end consumer and is purchasing the same for self
consumption and not for trading or business purpose. That such person is there
by a consumer as per Consumer Protection Act, 1986 Hereinafter referred as the
second party.
1.
Introduction of First party
First
party is involved into business of retail of gold coins, gold jewellery, gold
articles, silver coins, silver articles, silver jewellery, etc. The said retail
is online and in offline retail stores (for now in India Only Online selling
available). That the first party is involved in selling of the said articles
directly to consumers. That the products sold are for consumers and not for
trading or gambling purpose. That the rates at which the articles are sold are
reflected on the home page of the official website of the first party. The gold
and silver rated may differ from MCX as the first party follows international
rates for gold and silver which varies every second and every minute.
That the first party follows Real Time Price Policy in order to give best
privilege to the second party.
Also
that the first party has different policies in order to give highest benefits
to the second party and which will be more eloberated in this agreement below.
WHEREAS
The second party is a consumer and is willing to purchase the said products
provided by the first party only after fully reading, understanding and
accepting the terms and conditions of this agreement and hence thereby below
are the terms for the same.
WHEREAS
the second party while availing the services and goods of the first party also
indemnifies that the said transaction Is also lawful from their side and the
same doesn't amount to trading, gambling, money lending or any other unlawful
act.
2.
Introduction of the second party
That
the second party is the user, the one who signs up or registers on the official
website of the first party. He is the consumer as defined in Consumer
Protection Act, 1986. The second party utilizes the service and products of the
first party for lawful practice and is accepting the below mentioned terms as
mentioned below, without any alteration, misinterpretation, doubt and debure. Also
that the sole intention to avail facility of the first party is to consume and
not to trade, gambel or carryout any unlawful practices.
3.
Interpretation
In
general actual interpretations from the books of law and oxford dictionary be
made applicable. However, the actual meaning if available in the books of law
the same be adopted from the books of law,
4.
Scope of Agreement
This
agreement is signed to understand elaborated terms and conditions for the
purchase, sale, buy back, cancellation, exchange of the products only which is
available on the website of the first party only.
Efan
Gold Pvt. Ltd. and its operating AOFY website provide services to AOFY
users(hereinafter referred to as "users") according to the terms of
this Agreement. And this Agreement has legal effect between users and Efan Gold
Pvt. Ltd.
5.
Consumer Understanding
a)
Unless second party accept unconditionally and without modification any of the
terms and conditions contained herein and any notice posted immediately on this
website, and abide by the relevant laws, regulations, regulations and rules of
this website relating to the Internet, otherwise second party are not entitled
to use the services and products AOFY provides under this Agreement.
b)
The consumer understands that the pricing policy is different from the regular
retail stores and the same is followed as per international market and the same
fluctuates as per market standards and he cannot blame the first party for this
for any profit/ loss/gain/disputes/damages/compensation, etc.
c)
The revised agreements and rules shall take effect automatically as soon as
they are published on this website. The rights and obligations of the user are
stated in accordance with the latest service/ product terms. FIRST PARTY
specifically reminds users that they should be aware of changes to this
Agreement and subsidiary rules from time to time. If the user continues to use
this Service/Products/goods after the relevant agreements and rules are
announced, it means that the user has fully read, understood, and accepted the
revised agreements and rules. If the user does not agree to the relevant
changes, the user can immediately stop using this service. At the same time,
this website has the right to terminate or suspend this Agreement or restrict
the user from entering all or part of this website without any notice and does
not bear any legal liability. However, the termination, suspension or
restriction does not exempt the user from the obligations under the consumption
already performed on this website and the links available on the website.
d)
Second party also understand that there is a room for communication through via
email, telephone, sms or any other application for conveying the messages. The
same will be done upon the details provided by the second party. The second
party thereby indemnifies the first party that they have provided the correct
information and any such information if in case is incorrect, wrong, unknown or
for any reason the first party is unable to utilize that provided detail. In
such case the second party indemnifies the first party and will not be entitled
to ant claim over such an issue and the same be not termed as inefficient
service, damaged service or any such term which may point out to a service
providers fault.
e)
The second party thereby also indemnifies that he will never blame the first
part for any kind of blame with regards to any civil or criminal liability
arising out of the data shared on the website.
f)
First Party provides various commodity information and information for the
user's reference only. Users should make careful choices, make independent
judgments and make decisions taking into account the actual situation. Users
should be aware of the risk of price fluctuations of precious metals such as
gold and silver, and all risks arising after the purchase of all funds (or
after the advance is locked in the price) are borne by the users themselves. In
addition, if First Party finds a handling error due to a system failure or any
other reason, has the right to correct the error(including unconditionally
canceling orders submitted by customers during the duration of the error), The
user is obliged to act according to the First Party notification about correcting
the error.
g)
That any kind of sales or activities on this website will not amount to any
gambling or intraday trading.
h)
In order to ensure that there is no illegal activity happening the first party
will mandatorily terminate the transaction and the funds will be transferred
within 2 days in user account and the second party can redeem the same in
their bank account.
6.
Types of sales
Types
of sales available on website and retail.
a)
Fully paid sales
i.
The sales is considered to be a fully paid sales when the entire amount.
ii.
The item will be delivered within 10 days from the date of full payment
received.
iii.
In case of return of goods due to non delivery view our return policy.
iv.
Buy back policy will be as applicable as per the company standards, that the
first party will buy back only the products which were earlier purchased from
the first party.
v.
The price of the gold and Silver will be subject to price mentioned on official
website of the first party.
vi.
The payments to be made only by electronic means, internet banking, BHIM UPI,
Net banking, Paytm, debit cards, credit cards or any other payment gateways as
allowed on the website.
vii.
Any unlawful act performed by the second party entirely at the risk, cost and
consequences of the second party.
viii.
The price derived on the official website of the first party will change at
11.30 a.m every day and the same remains consistent for the whole working day
which is hereby termed as “fixed payment”.
ix.
In case of return due to damage or wrong product delivery the first party will
replace the same within 15 days from the date of receipt of the damaged goods.
Exchange will be applicable only if the seal is untampered, broken, open. However,
the customer indemnifies that he will not accept any product whose seal is
broken, tampered, open, damaged, etc.
x.
In case of such an exchange due to damage or wrong product delivery the second
party will have to either drop the product in the premises of first party or
send by way of post/ courier. The cost for the same to be borne by the second
party. And the second party indemnifies for the entire transit.
b)
Booking sales
i.
This type of sales is applicable only on gold bars, gold coins, silver bars and
silver coins.
ii.
In this kind of sales the buyer shall pay the minimum amount as prescribed
after each product to book the product.
iii.
After receipt of the said booking price the buyer has to decide upon the
booking before 1.29.59 am, On Saturday of every week.
iv.
If the decision to either fully pay for the product or to cancel is made
before Saturday 1.29.59 a.m day and the same is intimated within the same
tenure then the further booking will be as per real time price only and the
same is more clearly mentioned in the link mentioned on the official website of
the first party.
v.
If the decision is not made within the above mentioned timeline and when the
amount goes downward to 80% or as per customer’s capping set then in such
case, The sales will be terminated and the amount received will be calculated
as per the market price and the same will be repaid to the client after
deduction of processing fee, taxes applicable. However, the price will be as
mention on the official website of the first party.
vi.
The calculations for value of goods, price and rates along with refunds and
process fees, along with GST arising out of cancellation will be made visible
in a separate dialogue box at a click which will help the second party to
analyze and indemnify risk, cost and consequences.
vii.
The price of the gold and Silver will be subject to price on the official
website of the first party only.
viii.
The payments to be made only by electronic means, internet banking, BHIM UPI,
Net banking, Paytm , debit cards, credit cards or any other payment gateways as
allowed on the website.
ix.
If the second party utilized this service the client understands that the
second party will have to pay as per fully paid price and not as per booking
price as at that moment the product gets converted into fully paid product.
Process fee, taxes as may be
7.
Modes of Delivery
a)
Ask for delivery
i.
In this type of delivery the customer will receive the delivery on the address
provided within 10 days of confirming order.
ii.
The person collecting the said parcel will have to provide one passport size
photo, Photo Copy and self-attested copy of any one of driving license, AADHAR
card, Pan Card, Passport. Only these documents will be valid. Failure to which
the product will not be delivered
iii.
The person collecting the product will have to hold the delivered box and will
have to allow the delivery man to click the photo along with the delivered box.
b)
Self Collect
i.
The customer will have to collect the product from the office as mentioned on
website and on the allotted time.
ii.
The person collecting the said parcel will have to provide one passport size
photo, Photo Copy and self attested copy of any one of driving license, AADHAR
card, Pan Card, Passport. Only these documents will be valid. Failure to which
the product will not be delivered
iii.
The person collecting the product will have to hold the delivered box and will
have to allow the delivery man to click the photo along with the delivered box.
c)
Safe keeping
i.
When the customer chooses safe keeping then he product will be kept safe with
the first party.
ii.
This is to enhance ease to the customers to avail buy back policy. This option
is opted by the customers when they are usually unsure of delivery, date, time
and place, or unsure upon their decision of the design or the product
purchased.
iii.
However, the customer can later avail the facility to request delivery or request
pick up with prior appointment only.
iv.
The person collecting the said parcel will have to provide one passport size
photo, Photo Copy and self-attested copy of any one of driving license, AADHAR
card, Pan Card, Passport. Only these documents will be valid. Failure to which
the product will not be delivered.
v.
The person collecting the product will have to hold the delivered box and will
have to allow the delivery man to click the photo along with the delivered box.
For this the second party shall not be offended by such photo as the same is
utilized for record purpose only.
•
The delivery will be made only to the places where the logistics facility is
available. If it doesn’t fall in that logistic route then the customer can
choose self pick up or safe keeping. To check the status of logistic route the
second party to run through the official website.
8.
Sell off Policy
i.
Customized gold jewellery will not be accepted.
ii.
Any kind of change even due to wear and tear of the product, the same will not
be eligible for sell off.
iii.
This policy is applicable only offline.
iv.
The price for testing be borne by the second party only
v.
That FIRST PARTY will allow this facility only on their own products and only
after due diligences and approval from the evaluators.
vi.
If it is found that the second party has deposed any wrong, incorrect or
insufficient details thereby to create a fraud with the first party in such
case buy back option will be cancelled and the second party will have to pay
the process fee for such checking/ testing of the product.
vii.
The customer will have to visit the authorized testing cente1qr as may be
available on the website of the first party. Thereafter upon generation of
report and approval from the first party the second party will have to drop the
product with the testing center.
viii.
Further detailed buy back policy as available on website.
ix.
Buy back only as per market price/ real time price as the case may be
x.
It is the discretionary power of the first party to decide upon the buy back
and the second party shall not force, claim for any mandatory buy back, without
providing sufficient information to the second party.
xi.
At the time of such buy back the second party will have to keep the e bill
ready for security reasons.
xii.
The second party understands and accepts the buyback policy without any
alteration, doubt or disputes. The second party also understands the market
change in price and shall not blame the first party for it. Also that the
second party indemnifies for every such act.
xiii.
In such case the money be transferred within 10 days of dropping the product
with the registered outlet of registered office of first party.
9.
Governing laws
a)
The laws of the India shall apply to the validity, interpretation,
modification, execution and dispute settlement of this Agreement. However, in
general actual interpretations from the books of law and oxford dictionary be
made applicable. However, the actual meaning if available in the books of law
the same be adopted from the books of law, In the absence of relevant legal
provisions, it should refer under Arbitration and Conciliation Act, 2015 (as
amended).
b)
Any dispute arising out of or in connection with this Agreement shall be
settled through friendly consultation between the Parties. If the consultation
fails, it shall be settled in the following manners: -
i)
To bring a suit in a people's court which has jurisdiction in Mumbai only.
Language of arbitration be English only.
ii)
Matter be referred to the sole arbitrator under Arbitration and conciliation
act, 2015 (as amended) as decided mutually within 30 days of such dispute,
claim, etc. if both parties fail to do so then in such case necessary steps be
taken for appointment of the Sole arbitrator.
iii)
The arbitration expenses to be borne by both parties equally.
iv)
In case of any discrepancies, disputes, queries, notices to be served on the
updated address available on the official website only.
10.
Issues And Concerns
That
the second party understands that the bills issued by the first party are all
e-bills and upon the receipt of the same it is deemed acceptance of bills. And
for all types of issues, concerns, disputes or clarification the same be raised
within 3 days from the date of issuance of the said bill. Failure to such an
intimation the said bill is deemed accepted without any doubt, dispute or
demure. The customer may also mail at customer_service@aofygold.in. also
that the same be raised by calling on 18001032741 between (9.00 AM to 6.00 PM)
from Monday to Friday only. Any other change as may be made applicable without
any further notification.
11.
Indemnity
a)
That the second party hereby indemnifies the first party about the
interpretation of the website content, agreement and all the other policies
read or unread by them. Also that the second party indemnifies the first party
for the price changes dur to real time price policy, market standards, mcx,
international market, government policy, political changes, act of god, any
other such unexpected man made disaster, technical faults, sever related
issues, etc. Also that the second party understands that in case of termination
of transaction, buy back or any other such facility the second party may incur
losses and hence due to which the second party may suffer any kind of loss,
damage, etc for which the second party will never blame, claim any kind of
loss, damage, disputes, compensation, interest etc.
b)
The second party understands that the first party will not be blamed for any
kind of loss incurred by the second party due to any decisions made by them for
buying the products or for using booking policy or utilizing buy back services.
c)
The second party thereby assures the first party for use of their debit cards,
credit cards, BHIM UPI, Paytm, or any other such kind of service for payment
gateways. That the first party will definitely take utmost care to protect the data
of its customers however for any kind of act performed by a third party, the
second party indemnifies.
12.
Payment Method.
That
the payment method will only be through electronic modes. The first party will
also generate an e-bill. And the same will be sent through electronic means on
payment and accordingly upon making the payment and confirming the order the
first party will raise an e-bill. Merely by sending e-bill the dispute cannot
arise.
13.
Cyber crime and its Assistance
The
second party understands that he/she is responsible for ensuring safety measure
with relation to cyber issues. And hence the second Marty is bound to maintain
secrecy of the confidential data of banks, payments, usernames passwords etc.
for any kind of a cyber crime whether civil or criminal in nature the second
party is bound and liable to indemnify and the first party will not take any
responsibility for the same. Also that the first party will thereby not bear
any liability for any loss, or issues arising out of cyber related issues. And
the entire responsibility is of the second party to stay indemnified and so the
first party will not pay any interest, compensation, losses, damages, etc
arising out of this.
Second
party undertake to strictly observe the relevant laws, regulations, government
regulations and all international practices in the use of the Internet, observe
all network agreements, rules and procedures related to first parties services,
and use the information or services provided by first party legally.
Second
party agrees and undertake not to use first parties services for any unlawful
purpose or in any unlawful manner, and not to use first parties services to
commit acts that infringe the rights or interests of others. If there are any
violations, the violators shall be fully liable. If the second party makes
commitments for any kind of self prediction on change in price then the same be
entirely at the risk, cost and consequences.
The
second party if forgets the password then the first party shall assist to reset
the same however in case of stolen data of account or passwords the first party
shall only provide support however the second party will have to act upon the
same in order to maintain their interest and safety.
14.
Real Time Pricing Policy
The
Real Time pricing policy is accepted by the second party without any doubt,
dispute, alteration, misunderstanding, misinterpretation etc. the second party
understands that the price of the commodity Is derived from the real time price
in the market. Thereafter the first party is entitled to charge second part
making charges, service charges, process charges and packaging and handling
charges. The same varies from time to time as per the market structure and
company policy.
In
case of any buy back or automatic termination the second party may incur
profits and losses due to real time pricing and the same thoroughly understood
from the website.
However
this policy is applicable for booking only. For fully paid products fixed price
will be applicable which varies at 11.30 AM every day.
15.
Third party information , knowledge , representations, interpretation, charges.
That
the second party completely understands the information available on the
website of the first party. For any false, misleading or inappropriate
information provided by any third party for any reason resulting in fraud,
cheating, mis leading, inappropriate resource of information, damages,
disputes, breach of trust in any such case the first party will not be held
responsible for the same. Also that second party understands that the true
source of information about first party, its products and services will be made
readily available on its official website only and any misleading, wrong , etc
information will neither be taken into consideration nor will affect the
decision or opinion or act of the second party. Second party makes the decision
of utilizing the services and products only after perusal of the contents
available on the official website of the first party.
If
the banks, credit card companies, Payment gateways, etc charges any kind of
processing, service fees the same is to be borne by the second party and will
not be reimbursed, compensated by the first party. For any act of third party,
the first party will not be held liable.
16.
GST
The
consumer understands that the GST is to be paid by the end consumer and the
same will be charged separately. Also that the customers thereby has to bear
that as a part of his expenditure. Also that any change in the structure,
charges and taxation policies will be made directly applicable upon the
instructions of the competent authorities. Without any further notice the
changes be made acceptable to the second party without any doubt dispute or
demure.
17.
Return policy.
The
return policy is applicable only in case of wrong delivery of products, or
damaged products delivered. However the return is applicable only till the seal
is not broken. Once the seal breaks the return will not be applicable and the
customer will fall in the category of the buyback policy. And accordingly, he
only will have an option to follow the buyback policy of the first party.
18.
Intellectual Property Rights Protection
Copying
or adopting the policies, structure, designs of products, style of services
will commit to a criminal offence as the same be protected as per IPR
certifications, made readily available for perusal for the second party.
However a prior appointment needed. Also that breach of IPR bay lead to a
criminal and civil act and breach of same be entirely at your risk, cost and
consequences.
Upon
registering and signing up I agree to the terms and conditions of this
agreement only after fully understanding risk, cost and consequences without
any modification, alteration or misinterpretation.
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