TERMS AND CONDITIONS OF SALE AND SERVICE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1. PARTIES & DISCLOSURE

This agreement is entered into between:

  • The Proprietorship: Top Trends, a sole proprietorship firm registered in Delhi, India, hereinafter referred to as “the Seller” or “Firm,” managing the platform toptrendsjewellery.in.
  • The User/Buyer: Any business entity, wholesaler, retailer, or individual accessing the website and/or purchasing goods, hereinafter referred to as “the Buyer.”

By using this platform, the Buyer warrants that they have the legal authority to bind their business entity to these terms.

2. FORMATION OF CONTRACT (Indian Contract Act, 1872)

  • Invitation to Offer: The display of jewelry products on the website is an “invitation to offer.” An order placed by the Buyer is a formal “offer” to purchase.
  • Acceptance: The contract is concluded only when the Seller dispatches the product and sends a formal “Order Shipped” notification. The Seller reserves the right to refuse any order without assigning reasons.
  • Competency (Section 11): The Buyer confirms they are competent to contract as per Section 11 of the Indian Contract Act, 1872.

3. B2B & WHOLESALE DECLARATION

  • This is a Business-to-Business (B2B) platform. The Buyer represents that the purchase is for trade, business, or resale purposes.
  • The Buyer is responsible for providing a valid GST number (if applicable) for tax credit purposes.

4. INTELLECTUAL PROPERTY RIGHTS (IPR) & COPYRIGHT

  • Proprietary Rights: All designs, photographs, logos, and content on toptrendsjewellery.in are the exclusive property of Top Trends.
  • Copyright Act, 1957: Any unauthorized reproduction, copying, or “lifting” of product images for use on other websites/social media without written consent will be treated as copyright infringement and will attract legal action.

5. PRICING & SPECIFICATIONS (B2B Context)

  • Variations: As jewelry involves handcrafted elements, stones, and beads, the Buyer accepts a 5-10% variation in aesthetics compared to digital images.
  • Price Fluctuations: Prices are subject to change due to raw material market volatility. Once an order is confirmed, the price will be locked for that specific transaction.

6. ELECTRONIC GOVERNANCE & COMPLIANCE (IT Act, 2000)

  • Section 10A: The Buyer agrees that all agreements, notices, and communications shared electronically satisfy the legal requirement that such communications be in writing.
  • Data Protection: The Firm shall take reasonable security practices to protect Buyer data as per Section 43A of the IT Act.

7. SHIPPING, OVERSEAS ORDERS & CUSTOMS

  • International Shipping: For orders outside India, the Buyer is the “Importer of Record.”
  • Liability: All Customs Duties, Import Taxes, or Clearance Charges are the sole responsibility of the Buyer. Delays at the port of entry or customs office do not entitle the Buyer to a refund.

8. RETURN, REFUND & UNBOXING MANDATE

  • Wholesale Policy: No “Change of Mind” returns.
  • Manufacturing Defects: Claims for damages must be supported by a 360-degree uncut unboxing video sent within 48 hours of delivery. This is a mandatory condition for any claim.
  • Section 73 (Contract Act): Seller’s liability is limited only to the value of the damaged product. No consequential losses will be entertained.

9. INDEMNITY

The Buyer shall indemnify and hold harmless Top Trends and its proprietor from any claims, demands, or actions arising out of the Buyer’s breach of these terms or violation of any law.

10. FORCE MAJEURE

The Firm shall not be liable for any delay or failure in performance resulting from acts beyond its control, including but not limited to strikes, pandemics, lockdowns, or logistical failures.

11. DISPUTE RESOLUTION & JURISDICTION

  • Mediation: Parties agree to attempt to resolve any dispute through mutual mediation.
  • Governing Law: This agreement shall be governed by the laws of India.
  • Exclusive Jurisdiction: Any legal proceedings arising out of this contract shall be subject to the exclusive jurisdiction of the Courts at Delhi, India.

12. COOKIES, CACHE, AND USER DATA POLICY

12.1 Collection of Data: The Buyer acknowledges that toptrendsjewellery.in uses “Cookies,” “Cache,” and other tracking technologies to enhance user experience, analyze site traffic, and facilitate seamless login/checkout processes. By using the platform, the Buyer provides explicit consent to the collection of such data as per the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

12.2 Purpose of Data Usage:

  • Cookies & Cache: These are used to remember the Buyer’s preferences (e.g., items in the cart, language settings) and to optimize website loading speed.
  • User Data: Personal and business information (Name, GST details, Billing Address, Email, Contact Number) is collected strictly for order fulfillment, tax compliance (GST), and providing updates regarding the shipment.

12.3 Third-Party Tracking: The Firm may use third-party tools (like Google Analytics, Meta Pixel, or WhatsApp API) that also deploy cookies to monitor marketing performance. The Buyer agrees that the Seller is not responsible for the privacy practices of these third-party services.

12.4 Data Security & DPDP Act Compliance:

  • In compliance with the Digital Personal Data Protection Act (DPDP), 2023, Top Trends shall take all reasonable organizational and technical measures to protect the Buyer’s personal data from unauthorized access or breach.
  • The Firm shall not sell, rent, or trade the Buyer’s personal data to third parties for commercial gain without explicit consent.

13.5 Management of Cookies: The Buyer has the right to disable cookies through their browser settings. However, the Buyer acknowledges that disabling cookies may result in the malfunctioning of certain features of the website, including but not limited to the “Recently Viewed Products” and “Cart” functionalities.

13.6 Retention of Data: The Seller shall retain the Buyer’s transaction and business data only for as long as necessary to fulfill legal and accounting obligations under the Income Tax Act and GST laws.