Terms and conditions
GENERAL CONDITIONS
All orders placed by this website will be subject to our terms and conditions. Headings set out below are for the convenience of the read and does not go on to affect the terms.
By entering the website you agree to respect our rights and terms and conditions. By using this website you understand that your information (excluding credit care information) may be transferred unencrypted. Credit card information shall always be encrypted when being transferred across any network.
We do not authorize the use of any our products for illegal, unlawful or unauthorized purposes or in a manner to go against the law, rules, or jurisdiction of any country. In any event of unauthorized use of our products, we exclude liability for such use and shall not be held responsible.
On agreeing to our terms and condition you represent that you are above the age of majority according to the jurisdiction of the country within which you reside or are a citizen of at that time and you have authorized/consented for any minor dependent to utilize the website.
Any breach of our conditions or terms given in this section shall result in Termination of your services without any prior notice.
We do our best to ensure that the information given on the website are complete and accurate. However despite the ultimate effort information maybe me incomplete or out of date.
Pricing
The buyer agrees to pay the seller the price mentioned on the website for the specific product/products.
All products prices have been quoted in USD.
The prices mentioned on the website may be subject to change without prior notice at our sole discretion. We are under no obligation to inform the buyer of the changes and it shall be the buyer’s responsibility to be aware of any such changes.
The seller (NishGems) reserves the exclusive right to make the necessary changes on the prices without any prior notice to any party.
In an event of an error or omission with regard to a price, we reserve the right to make the necessary correction or update information. We also can cancel any order if the information provided at the time of placing the order was inaccurate without any prior notice.
Payment
In the event of a purchase, the payment shall be made by PayPal or with the use of a card (specifically VISA, MASTERCARD or AMERCIAN EXPRESS) which shall also be processed by PayPal.
If the value of the transaction is below USD 1000 then the buyer shall at his own discretion decide to fulfill the payment via PayPal in order to experience a speedy checkout.
If the value of the transaction exceeds USD 1000 then the buyer shall at his discretion decide to make a direct wire transfer to our given bank account and he shall thereafter be entitled to a discount of 3.5% on his total car value.
All payments via Bank shall be made in accordance with the below stated bank details:
| BANK | - | AMANA BANK PLC |
| ACC NUMBER | - | 1020345189002 (USD) |
| ACC NAME | - | NISHGEMS PVT LTD |
| SWIFT CODE | - | AMNALKLX |
| BRANCH CODE | - | 016 |
| BANK CODE | - | 7463 |
| BANK ADD | - | 480 GALLE ROAD COLOMBO 3 |
All bank charges and other relevant payments shall be borne by the buyer.
The relevant ‘Order Number’ must be mentioned on the remittance advice.
The seller shall be notified by the buyer on the completion of the payment together with the bank statement or a receipt or a remittance advice for the seller’s convenience.
Shipping and Handling
The shipping shall begin only after receiving the full cleared payment.
The handling process shall take up to 48hours.
Customs handling and charges of destination should be handled by the buyer.
The handling and shipping maybe subject to delay due to any special or additional requests by the customers including but not limited to additional Certification, re-cutting, re-polishing etc.
Billing, Cancellation and Account Information
We reserve the right to refuse or cancel any order. In the event of such cancellation or change we shall inform the buyer by e-mail /billing address/phone number which was given at the time of placing the order.
Any orders placed by dealers, resellers or distributors shall be cancelled or limited by us.
The purchaser agrees to provide us true, complete, accurate purchase and account information in the event of placing and order with us. Any subsequent change in the information provided shall be duly informed to us without delay.
You agree to provide us with your account and other relevant information including but not limited to email address, credit card numbers and expiration dates so as to enable us to complete the transaction without any hindrance.
Information provided shall be sued to contact purchaser if necessary.
Information provided will be considered as genuine and complete.
Products and services
Products listed may be available only in limited quantities and any return or exchange shall be governed by our Return Policy exclusively.
Selected products may be available to purchase exclusively online through the website.
We shall reserve the right to cancel, reject or refuse any order placed with us for any product.
We reserve the right to limit the quantity or cancel the quantities of any product purchased by per person/per household/per order.
The colours and images of our products have been displayed with maximum effort as closely and accurately as possible. However we do not provide any guarantee as the computer monitor may slightly display a different colour.
We reserve the right to limit the sale of any products/service to any person, jurisdiction or any specific geographic location. The rights can be exercised at our own discretion.
All products listed, displayed or sold can be limited in quantity as our discretion.
The prices and description of the products are subject to change without any prior notice and this right is reserved by Nish Gems.
Any offer made for any product or service made on this site shall be considered void where prohibited.
We shall not undertake to warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your own expectations, or that any errors in the Service will be made right.
Display of information does not include any warranty that product will be available always.
Personal Information
Your personal data/information shall be governed by our privacy policy
Link to other websites
This website may include links which will lead to other third party websites which may not be under our control. We do not make any promises about the reliability, products, accuracy or materials of the other websites and will not take any liability or responsibility. We provide these links for user convenience only. It shall be the sole responsibility of the user to review and abide by the terms and conditions and privacy policy of the other websites. Please review them carefully before you engage in transaction. In the event of any disputes or complaints, they should be directly made to the relevant website.
No unlawful or prohibited use/Intellectual Property
All the photographs, graphic, logo, images, texts, videos, clips, designs and other materials available on this website are original creations of NishGems (Pvt) Ltd and shall be considered to be owned by us.
All copyright and intellectual property rights related to the contents of this website are exclusively owned by NishGems (Pvt) Ltd unless expressly stated otherwise.
We prohibit the use of the above mentioned materials from our website without our authorization or prior consent.
You shall not use, alter, modify, display, reproduce, edit, transfer, sell, misuse or exploit any of the contents found on this website.
By using this website you agree that this site shall not be used for any illegal purpose or unauthorized purpose.
You agree not to use this site in a manner that can affect, impair, disable or interfere the use or enjoyment of this site by any other party.
The information or contents of this website shall not be used for any unlawful purpose, to induce/solicit or abate any person to engage in any unlawful activity, to infringe any local or internal law, rules and regulations, to violate any intellectual property rights or trademark or patents, to harass, abuse, defame, insult, cause harm, discriminate on any ground or harass anyone, to misrepresent or submit false or misleading information, to collect and misused the personal information, for obscene or immoral purposes or to interfere with the security of any other website, internet, network or for any unauthorized uses.
Omissions and errors
User of this website may occasionally discover typographical errors, inaccuracies or omissions in relation to the description of the products, discounts, promotions, offers, prices, shipping and handling charges, time lines and product availability. Any such errors, omissions, typographical errors, inaccuracies can be exclusively corrected by us and we reserve the right to cancel, vary or change any orders without prior notice in the event of any such errors, omissions, typographical errors, inaccuracies being discovered by us ( this right can be exercised even after the order is submitted). We are not under any obligation to update, change, amend, clarify or elaborate any information unless it is required by the law of the country.
We shall not be held liable under any circumstances for typographical errors, inaccuracies or omissions or other errors which could be discovered on the website. And no party shall take any advantage of such information on which the said typographical errors, inaccuracies or omissions or other errors is found.
Changes in the Terms
The terms set hereby maybe be subject to change from time to time. The seller does not undertake to communicate any changes to any buyers personally. It shall be the buyer’s responsibility to review and understand such terms. Your use of our services following the changes shall be considered as your acceptance of the new/ or updated terms.
INDEMNIFICATION
In the event of a breach of the Terms and Conditions, infringement of the law or breach of any documents incorporated by the Terms and Conditions, you agree and are obliged to indemnify, secure, defend and hold harmless our parent company , subsidiaries, directors, employees, licensors, agents, partners, officers, employers, service providers, subcontracts, suppliers, interns, apprentices from any demand, claims or legal proceedings including the reasonable legal fees.