Terms of Service
Welcome to OYA Elegance. Throughout the Site, the terms "we," "us," and "our" refer to OYA Elegance. OYA Elegance provides this website and all information, tools, and services available to the user, contingent upon your acceptance of all terms, conditions, policies, and notices detailed here.
By accessing or using our website, you agree to comply with and be bound by the following
terms and conditions ("Terms"). This includes any additional terms, conditions, and policies
referenced here or available via hyperlink. These Terms of Service apply to all users of the
Site, including, but not limited to, browsers, vendors, customers, merchants, and content
contributors.
Please review these Terms of Service thoroughly before accessing or using our website. By
accessing or using any part of the Site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, you may not access the
website or use any services. Should these Terms of Service be considered an offer,
acceptance is expressly limited to these Terms of Service.
We reserve the right to modify these Terms at any time. Any changes will be posted on this
page, and your continued use of the Site signifies that you accept those changes.
Our store is hosted on Gemkara.com, which provides an online e-commerce platform
allowing us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are legally considered an adult
in your state or province of residence or that you are an adult and have authorized any minor
dependents to use this Site under your supervision.
You agree not to use our products for unlawful or unauthorized purposes and must comply
with all applicable laws in your jurisdiction, including copyright laws.
You must refrain from transmitting any worms, viruses, or harmful code.
Failure to comply with these Terms will result in the immediate termination of your access to
our services.
SECTION 2 – GENERAL CONDITIONS
1. Right to Refuse Service - We reserve the right to refuse Service to anyone at our
discretion and at any time.
2. Restriction on Use - You agree not to replicate, reproduce, duplicate, sell, resell, or
exploit any aspect of our services or access to our website without obtaining our
explicit written consent.
3. Content Transmission - Your content, excluding credit card details, may be
transmitted over networks without encryption and adjusted to meet the technical
requirements of connecting devices or networks. However, we always encrypt credit
card information during transmission over networks.
4. Use of Headings - The section headings in this agreement are included for
convenience and do not alter or impact the terms stated herein.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to provide accurate and up-to-date information on this Site, but we cannot
guarantee its accuracy, completeness, or timeliness. The content here is intended for
general informational purposes and should not be the sole basis for decision-making. For
more reliable and timely information, we recommend consulting primary sources.
Some content on this Site may include historical information provided for reference purposes
only and may need to be updated. We may update the contents of this Site at any time, but
we are not obligated to do so. You agree that it is your responsibility to keep track of any
changes to our Site.
SECTION 4 – MODIFICATION OF THE SERVICE AND PRICES
1. Change to Terms - We reserve the right to change these Terms at any time. We'll
post any changes on this page, and if you keep using the site, it means you accept
the new terms.
We won't be held accountable to you or any third party for any changes, price
adjustments, suspensions, or stopping our service.
2. Pricing - Prices may change without prior notice. We are not liable for typographical
errors in pricing.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may exclusively be accessible online via our website. These
items may have limited availability and are subject to our Return Policy for returns or
exchanges.
While we strive to depict product colors and images with the utmost accuracy, variations
may occur due to individual monitor settings.
We may limit the sale of our products or services to specific individuals, geographic regions,
or jurisdictions, but we are not obligated to do so. This decision is made on a case-by-case
basis. Additionally, we retain the right to restrict the quantities of any products or services
available for purchase. Descriptions and pricing of products may change at our discretion
and without prior notice. We also reserve the right to discontinue any product at any time.
Any offer for products or services on this Site is invalid where prohibited by law.
We cannot assure that the products, services, information, or other materials you purchase
or obtain from us will meet your expectations in terms of quality, nor can we guarantee that
any errors in our services will be rectified.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may also decide to limit or cancel the number of items you buy per person, household,
or order. These limits could apply to orders made under the same customer account, using
the same credit card, or sharing the same billing and shipping address. If we decide to
change or cancel an order, we'll try to let you know using the email address, billing address,
or phone number you gave us when you made the purchase.
Additionally, we reserve the right to restrict orders that we believe, in our sole judgment, are
placed by dealers, resellers, or distributors.
By agreeing to these terms, you commit to providing us with current, complete, and accurate
purchase and account information for any transactions conducted at our store. It is your
responsibility to promptly update your account details, including email addresses, credit card
numbers, and expiration dates, to ensure smooth transaction processing and to facilitate
necessary communication with you.
For more details, please consult our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may offer you access to third-party tools that we do not monitor, control, or influence in
any way.
You acknowledge and agree that we provide access to these tools on an "as is" and "as
available" basis, without any warranties, representations, or conditions, and without
endorsing them. We are not responsible for any problems that may arise from your use of
optional third-party tools.
Using optional tools offered through the Site is entirely at your own risk and discretion. It is
essential that you understand and agree with the terms under which these tools are provided
by the relevant third-party provider(s).
We may introduce new services and features through the website, including new tools and
resources, in the Future. These Terms of Service will also govern these additional services
and features.
SECTION 8 – THIRD-PARTY-LINKS
Our Site may include links to third-party websites or services not owned or operated by Oya
Elegance.
Oya Elegance has no control over and bears no responsibility for any third-party websites or
services' content, privacy policies, or practices. We do not endorse or make any
representations about these third-party websites or services or any information, products, or
materials from them. We strongly recommend you review the terms and conditions and
privacy policies of any third-party websites or services you visit.
You acknowledge and agree that Oya Elegance is not responsible or liable for any damage
or loss resulting from the use of or reliance on any content, goods, or services available
through third-party websites or services. We highly recommend reading the terms and
conditions and privacy policies of any third-party websites or services you visit.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us specific submissions (such as contest entries) at our request, or if you
voluntarily send us creative ideas, suggestions, proposals, plans, or other materials
(collectively, 'comments'), whether online, by email, by postal mail, or otherwise, you agree
that we may use these comments in any manner we choose, at any time, and without any
restrictions. This includes editing, copying, publishing, distributing, translating, and otherwise
using your comments in any medium. We have no obligation to:
1. Keep any comments confidential.
2. Compensate you for any comments.
3. Respond to any comments.
We reserve the right but are not obligated, to monitor, edit, or remove any Submissions that
we deem, at our sole discretion, to violate these Terms or are otherwise objectionable.
By posting comments, you agree not to violate any third-party rights, including copyright,
trademark, privacy, personality, or other personal or proprietary rights. Your comments must
not include defamatory, unlawful, abusive, or obscene content, nor should they contain any
computer viruses or malware that could disrupt the Service or associated websites.
Additionally, you agree not to use a false email address, impersonate any person or entity,
or mislead us or third parties about the origin of your comments. You are solely responsible
for the accuracy and content of your comments. We are not responsible or liable for any
comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
We prioritize protecting your personal information and employ reasonable security measures
to prevent unauthorized access, use, or disclosure. You can access, update, or delete your
personal information. For more information about how we handle your personal information,
please refer to our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
While we aim to keep our website's information accurate and current, there may be times
when details about our products, pricing, promotions, availability, or other content contain
errors, inaccuracies, or omissions. We maintain the right to rectify any such errors,
inaccuracies, or omissions and to modify or update information at any time without prior
notice, even after you have placed an order.
We are not obligated to update, amend, or clarify information on our website or related
platforms, including pricing details unless required by law. The absence of a specified
update or refresh date should not be interpreted as implying that all information is current or
modified.
SECTION 12 - PROHIBITED USES
You agree not to use our website in any way that is unlawful or prohibited by these Terms, or
that could damage, disable, overburden, or impair the website or interfere with anyone else's
use and enjoyment of the website:
a. for any illegal or fraudulent activity
b. to encourage others to engage in illegal activities
c. to violate any local, national, or international laws or regulations
d. to engage in harassment, abuse, defamation, discrimination, or intimidation based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
e. for posting or transmitting unauthorized or unsolicited advertising, promotional
materials, or spam
f. to upload or transmit viruses or any other malicious code that could disrupt the
functionality of our website or any related websites
g. to collect or track the personal information of others without their consent
h. for any obscene or unethical purposes
i. to attempt to bypass or compromise the security features of our website or any
related websites
We reserve the right to terminate or suspend your access to our website immediately,
without prior notice or liability, for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that our Service will always be uninterrupted, timely, secure, or error-
free. Any warranties specific to a product will be clearly stated on the product page.
We do not warrant that the Service's results will always be accurate or reliable.
You agree that we may temporarily remove or cancel the Service indefinitely, occasionally
without informing you.
You agree that using or being unable to use the Service is solely at your own risk.
We offer the Service and all products and services provided through it "as is" and "as
available" unless we explicitly state otherwise. This means we offer them without any
guarantees, warranties, or conditions, whether express or implied, including but not limited to
implied warranties of merchantability, quality, fitness for a particular purpose, durability, title,
and non-infringement.
Oya Elegance, along with our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers, and licensors, shall not be held liable for any injury,
loss, claim, or damages of any kind, whether direct, indirect, incidental, punitive, special, or
consequential. This includes but is not limited to lost profits, revenue, savings, data, or
replacement costs arising from your use of the Service or any products purchased through it.
This limitation applies to claims based on contract, negligence, strict liability, or any other
legal theory, even if we have been advised of the possibility of such damages.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental
damages is not permitted, our liability is limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold Oya Elegance and its affiliates, officers, directors,
employees, agents, and partners from any claim or demand, including reasonable attorneys'
fees, brought by any third party due to or arising from your violation of these Terms of
Service or any documents referenced herein, or your infringement of any law or the rights of
a third party.
SECTION 15 – SEVERABILITY
Suppose any provision of these Terms of Service is found invalid, illegal, or unenforceable
under applicable law. In that case, it shall not affect the validity or enforceability of the
remaining provisions of these Terms. The invalid, illegal, or unenforceable provision shall be
deemed modified to the extent necessary to make it valid, legal, and enforceable. If such
modification is not possible, the provision shall be severed from these Terms without
affecting the validity or enforceability of the remaining provisions.
SECTION 16 – TERMINATION
Any obligations and liabilities incurred by either party before the termination date will
continue to apply even after this agreement ends.
These Terms of Service are effective unless and until terminated by either you or Oya
Elegance. You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services or when you cease using our Site.
If we believe, at our sole discretion, that you have failed, or we suspect you have been
unable to comply with any term or provision of these Terms of Service, we may terminate
this agreement at any time without notice. In such instances, you will still be responsible for
all amounts owed up to and including the date of termination, and we may also restrict your
access to our services (or any part of them).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision. The Terms of Service and any policies or rules
we post on this Site regarding the Service constitute the entire agreement between you and
us. They govern your use of the Service and replace any previous or current agreements,
communications, and proposals, whether spoken or written, between you and us (including
any earlier versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the
drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any additional agreements through which we provide you with
services will be governed by and interpreted under the laws of India, disregarding its conflict
of law principles.
Any legal action or proceeding arising out of or related to these Terms of Service or your use
of our Services shall be brought exclusively in the courts located in Gurgaon.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We may update, modify, or replace any portion of these Terms of Service by posting
updates and revisions on our website. Please remember to check our Site regularly for any
changes. If you continue to use or access our website or services after we post any
modifications to these Terms of Service, you accept those changes.
SECTION 20 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please get in touch with us at:
20.1 Email – support@gemkara.com
20.2 Phone - +91 8287154753, +91 7042432730
20.3 Address 1 - Gold Souk, Vyapar Kendra Road, Block c, Sushant Lok, Phase 1,
Sector 43, Gurugram, Haryana- 122002
Address 2 - Shop 32, Good Earth City Centre, Pocket H, Nirvana, Sector 50,
Gurugram, Fatehpur, Haryana 122018
SECTION 21 – ADDITIONAL TERMS & CONDITIONS FOR GOLD JEWELLERY
(For Future when gold jewellery is added on the website. Note – update details like
buyback policy, exchange/ return etc as per your requirement)
1. You can return your item within 30 days from the date of delivery for a full refund
without any questions asked, under the following conditions:
a. The item must pass a successful inspection, which may take up to 7 days from
when it reaches our warehouse or store.
b. You must provide a video demonstrating the return packaging process, including
the original product, invoice, and authenticity certificate.
Personalized and Made-To-Order products can only be returned within the 30-day period if
they are defective or spurious.
1. Please be aware that we will only consider claims for non-receipt of a product or
receiving an empty box if they are submitted within 24 hours of delivery. Your claim
must include an unboxing video showing the original outer seal intact.
2. After the initial 30-day period, you can exchange or buy back your jewellery
purchased from Oya Elegance stores, the Oya Elegance website, or the Oya
Elegance App in India for up to 5 years from the date of purchase. Please note that
gold coins are excluded from this exchange or buyback policy.
a. For exchanges, we provide credits based on the following terms:
➢ Gold will be valued at its prevailing market rate adjusted for 24kt purity.
➢ Diamonds, solitaires, and pearls will be credited at 100% of their purchase
value. However, deductions will be made for making charges and GST paid
during the initial purchase.
➢ You can use these credits as a discount for future orders or transfer them to
your Oya Elegance Wallet, which you can apply toward future purchases.
Please note that adjustments may apply pending product inspection. Please
note that adjustments may apply pending product inspection.
b. For our buyback policy, here's how it works:
➢ Gold will be valued based on the current market rate adjusted for 24kt
purity.
➢ Diamonds, solitaires, and pearls will be refunded at 90% of their
original purchase price. However, making charges and GST cannot be
refunded. Additionally, a 3% deduction will be applied as processing
charges on the buyback value.
➢ Refunds will be processed back to your original payment method,
typically taking 7-10 days for our payment partners to complete.
➢ Please be aware that additional adjustments may be required after a
product inspection.
3. For exchange and buyback requests, if we identify any issues or defects with the
returned product (such as missing stones or damaged packaging), the amount for
buyback or exchange will be adjusted accordingly. The adjustment will depend on the
severity of the deficiency or defect found. In cases where a product is significantly
damaged, the Company retains the right to decline acceptance at its discretion. In
such instances, our decision regarding these matters is final and binding.
4. The prices shown on our website or app are based on average product weights.
However, the actual weight of your purchased item may vary slightly. If there is a
discrepancy in the actual weight, it could lead to a minor adjustment either in the form
of an additional charge or a refund.
We will inform you of such adjustments within 48 hours of placing your order. You will
then have the option to cancel your order within 24 hours after receiving this
notification.
We request full upfront payment for Cash on Delivery (COD) orders. Any excess
amount collected will be promptly refunded, while any shortfall will be communicated
and requested within 48 hours after delivery.
Please be aware that the weight stated on your invoice will be considered the
product's final weight.
5. Please be aware that refunds typically take between 7 to 10 working days from the
date we receive the jewellery at our store or central warehouse.
6. Please note that to avail any of the services listed on the authenticity certificate (such
as return, exchange, buyback, or warranty), you must submit the original invoice
(hard or soft copy) and all certificates, including IGI/SGL certificates (strictly in
original and hard copies). Provide all these documents to ensure the product is
eligible for return, exchange, or warranty services.
7. Exchange and buyback services exclusively apply to Oya Elegance Jewellery. We
regret to inform you that any other jewellery, regardless of brand or purity, will not be
accepted for these services.
8. Our 6-month warranty covers all gold and diamond jewellery from delivery, focusing
on pre-existing damages or manufacturing defects. It excludes normal wear and tear.
If a repair is impractical, we may replace the item with an equivalent one. Please note
that the warranty does not cover damages due to mishandling, negligence, impact,
accidents, tampering, or similar issues. It also excludes changes in surface finish or
color, and loss of stones from the product.
9. Please note that the product's weight, dimensions, or color may vary by up to 2%
from the specifications provided.
10. All offers for gold jewellery apply exclusively to pieces that are adorned with
diamonds.
11. The lifetime plating service for jewellery bought from Oya Elegance stores, the Oya
Elegance website, or the Oya Elegance App in India remains valid for a period of 5
years from the purchase date.
12. Please be aware that our policies regarding 30-day returns, warranties, buybacks,
and exchanges do not apply to gold coins.
13. For more information, please refer to our comprehensive Terms of Service available
at OYA ELEGANCE (website). If there is any discrepancy, the terms and conditions
stated on your invoice will take precedence.
14. Our Address -
Address 1 - Gold Souk, Vyapar Kendra Road, Block c, Sushant Lok, Phase 1,
Sector 43, Gurugram, Haryana- 122002
Address 2 - Shop 32, Good Earth City Centre, Pocket H, Nirvana, Sector 50,
Gurugram, Fatehpur, Haryana 122018