This agreement is signed between FIRST PARTY website wap.goldifyapp.com including PC End, Mobile End, and NAN provided by GOLDIFY, a company incorporated under Indian Companies Ac, 2013. Having address at Unit No.110, 1st floor, Quantum Towers, S V Road, Behind SBI Bank, Chincholi Bunder, Malad West, Mumbai, Mumbai City MH 400 064,IN. 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, jewellery, articles, etc. Online. That the person signing up is the end consumer and it’s purchasing the same for self-consumption and not for trading or business purpose. That such person is there by a consumer as per consumer as per Consumer Protection Act, 1986 hereinafter referred as the second party.
- 1. Introduction to first part- First party is involved in the retail of gold coins, gold jewellery, gold articles, silver coins, and silver jewellery in online and in offline retail stores in India of the said articles directly to consumers. That the said products sold are for consumers and not for trading or gambling purposes. That the first party follows Real Time Price Policy in order to give best privilege to the second party.
- 2. Scope of Agreement - This agreement is signed for the purchase, sale, buy back, cancellation, exchange of the products only which is available on the website. Goldify LLP and its operating website provides services to users according to the terms of this agreement. And this agreement has legal effect between users and Goldify LLP.
- 3. Consumer Understanding – Second party must accept unconditionally and without modification any of the terms and conditions posted on this website, and abide by the laws, rules and regulations of this website, otherwise second party are not entitled to use the services and products Goldify provides under this agreement. That the pricing policy is different from regular retail stores and the same fluctuates as per market standards and he cannot blame the first party for any profit/ loss/gain/ dispute/ damages/ compensation, etc.
- 4. Types of sales – A) Fully paid sales: The sale is considered to be full paid sales when full payment is received, the item will be delivered within 10 days from the date of full payment. Buy back policy is applicable only when the products were earlier purchased from the first party. The prices of gold and silver will be subject to price mentioned on official website of the first party. Payments to be made only by electronic means, i.e. internet banking, BHIM UPI, net banking, Paytym, debit cards or any other payment gateways as allowed on the website. The price derived on the website of the first party will change at 11.30am every day and the same remains consistent for the whole working day which is hereby termed as “fixed payment”. 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 or open. In case of exchange due to damage or wrong product delivery the second party will have to either drop the product in the premises of the first party or send by way of post/courier, the cost for same to be borne by the second party. B) Booking sales: This type of sale is applicable only on gold bars, gold coins, silver bars and silver coins. The buyer shall pay minimum amount to book the product. After receipt of the said booking price has to decide upon the booking before 1.29.59 am on Saturday of every week. If decision to either fully pay or cancel is made before Saturday1.29.59 am and the same is intimate within the same tenure then the further booking will be as per real time price only. 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.
- 5. Modes of Delivery - a) Ask for Delivery- in this type of delivery the customer will receive the delivery with 10 days of confirming the order. B) Self collect- The customer will have to collect the product from the office as mentioned on website and on the allotted time. c) Safe keeping- When the customer chooses safe keeping then he product will be kept safe with the first party. This is to enhance ease to the customers to avail buy back policy.
• The person collecting the parcel has to provide one passport size photo and any one of self-attested photocopy of driving license, AADHAR card, Pan Card, Passport. The person has to allow the delivery man to click a photo of the person along with the delivery box. The delivery will be made only to the places where the logistics facility is available.
- 6. Sell off Policy – This policy is applicable only offline. Customized gold jewellery will not be accepted. The price for testing be borne by the second party only, That FIRST PARTY will allow this facility only on their own products and only after due diligences and approval from the evaluators. 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. Buy back only as per market price/ real time price as the case may be. In such case the money be transferred within 10 days of dropping the product with the registered outlet of registered office of first party.
- 7. Governing laws - The laws of the India shall apply to the validity, interpretation, modification, execution and dispute settlement of this Agreement, , In the absence of relevant legal provisions, it should refer under Arbitration and Conciliation Act, 2015 (as amended). 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 manner:- To bring a suit in a people's court which has jurisdiction in Mumbai only. Language of arbitration be English only. The arbitration expenses to be borne by both parties equally.
- 8. Issues and concern - That the second party understands that the bills issued by the first party are all e-bills and upon the receipt ofthe 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. The customer may also mail at email@example.com OR firstname.lastname@example.org.
- 9. Payment methods -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.
- 10. Cyber Crime and it assistance - And hence the second Party is bound to maintain secrecy of the confidential data of banks, payments, user names passwords etc. for any kind of a cybercrime 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.
- 11. Real Time Policy - The Real Time pricing policy is accepted by the second party without any doubt, dispute, alteration, misunderstanding, misinterpretation. The second party understands that the price of the commodity is derived from the real time price in the market. 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.
- 12. Wallet Activation - Wallet activation is mandatory to avail any facility from the first party. The second party shall put a minimum sum of Rs. _______. The second party can withdraw the same amount immediately upon such transfer
- 13. 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, misleading, inappropriate resource of information, damages, disputes, breach of trust in any such case the first party will not be held responsible for the same. 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.
- 14. GST - The consumer understands that the GST is to be paid by the end consumer and the same will be charged separately.
- 15. 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.
- 16. 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. 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.