Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN DAVICO ENTERPRISE LLP AND YOU.

Davico Enterprise LLP (“DAVICO”, or “we”, or “us”, or “our” or “Company”) operates a business-to-business e-commerce online digital platform through this Website (defined hereinafter). This Website shall be subject to this data privacy policy (“Privacy Policy”) read in conjunction with the Terms and Conditions (defined hereinafter). In order to help DAVICO effectively protect your privacy, you are advised to read this Privacy Policy.

1. PURPOSE

DAVICO is, inter alia, engaged in the business of providing an online digital e-commerce platform through this Website, which enables Purchasers (hereinafter defined) to purchase Goods (hereinafter defined) through this Website.

These Terms and Conditions set out the provisions in accordance with which you are allowed to view, access and/or use this Website and/or the Services and/or the Content. These Terms and Conditions are applicable to all the Users (defined hereinafter) of this Website.

2. ACCEPTANCE OF TERMS AND CONDITIONS

2.1 You are welcome to log on to and use this Website. Any access or use of this Website and/ or the Services by you and/ or your representatives shall be deemed to be an express and unconditional acceptance by you of these Terms and Conditions, and these Terms and Conditions, read in conjunction with the Privacy Policy, shall be legally binding on you.

2.2 DAVICO has the right to Update (defined hereinafter) these Terms and Conditions from time to time, without prior notice. Any Update made to these Terms and Conditions shall become effective immediately upon it being published on this Website or at such time as specified in such Update. We recommend that you visit this Website from time-to-time to view these Terms and Conditions and to make yourself aware of any Updates or material changes, if any.

3. DEFINITIONS:

“Account” shall mean the account opened by the User on this Website, subsequent to the registration process on this Website.

“Applicable Laws” shall mean the laws of India.

“Content” includes, without limitation, any location information, recommendations, reviews, videos, audio clips, comments, data/ information, text, photographs, software, scripts, graphics, and interactive features visible/ generated/ provided or otherwise made accessible by DAVICO on any Internet Based Platform or on this Website.

“Data” shall mean any and all data pertaining to the User and/ or the Registered User and/ or the Purchaser, as the case may be, and shall include without limitation: (i) all data or information entered on this Website or provided to us in any other manner, such as while communicating to us to seek some information or help, or subscribing to our bulletins or newsletter (if any), etc.; (ii) data or information pertaining to you that we may collect from any other internet based websites and/ or Internet Based Platforms you access/ use or subscribe to or are registered on and/ or your internet protocol (IP) address from which you access this Website, the browser type and operating system you use, your clickstream patterns, web beacons, the dates and times this Website is accessed, internet and domain host names, etc.; (iii) all data and information pertaining to you, including without limitation, name of the User, postal address, email address, pan number, telephone numbers, mobile phone numbers, photographs, credit/ debit card number, business related information, and all proofs or supporting papers pertaining to any of the foregoing, such as pan card, email verification, OTP, cell phone number, etc, and all other such data or information; and (iv) your computed data from all or any of the foregoing to administer this Website and improve its functions.

“DAVICO Parties” shall mean and be in relation to DAVICO, its directors, employees, partners, agents, third-party associates, holding company (if any), subsidiary company(ies) (if any), assignors, successors, affiliates and licensors.

“Goods” shall mean small fine brilliant diamonds having cut: ‘excellent top’, clarity: (VVS1/VVS2), (VS1/VS2), (SI1/SI2) and color: (DEF), (GH), that you may purchase through this Website.

“Internet Based Platform” shall mean any interactive internet based platform whether used for purposes such as social/ professional interaction and/ or for e-commerce and/ or for business/ trading purposes and/ or education/ learning etc., by means of or through which any person(s) post/ share/ access/ collect data or information through the use of any device or instrument(s) such as computers, laptops, mobile phones, tablets, etc., and includes without limitation Facebook, Twitter, LinkedIn, Instagram, Snapchat, Pinterest, Amazon, Flipkart, etc.

“KYC Information” shall mean all information required to be provided by the Purchaser for the purpose of User identification, whether required under Applicable Laws or under this Website.

“Linked Destination” shall mean any third-party websites and Internet Based Platforms, the links to which appear on this Website.

“Person” shall mean any of the following: an individual, a karta of a Hindu undivided family (HUF) acting on behalf of such HUF, sole proprietorship firm, partnership firm, limited liability partnership (LLP), Company, as the case may be.

“Privacy Policy” means the privacy policy for the access/ use of this Website and/ or Services, as available on this Website.

“Purchaser(s)” shall mean any Person who is registered on this Website as a purchaser.

“Registered User” shall mean any User who has created an Account and is registered on this Website.

“Service(s)” shall have the meaning ascribed to it in Clause 5.
Terms and Conditions” shall mean these Terms and Conditions herein, as may be Updated from time to time.

“TW” shall have the meaning ‘Total Weight’. TW as mentioned on the packaging certification card, shall mean that the Total Weight of diamonds can differ by plus or minus 1.5 cents, in accordance with internationally accepted norms.

“Transaction Documents” shall mean:

(i) the KYC Documents;

(ii) these Terms and Conditions;

(iii) the Privacy Policy; and

(iv) any and all writings and other documents executed or entered into between DAVICO and you, in relation to or pertaining to the sale of Goods and each such aforesaid transaction document as may be amended from time to time.

“Update” shall mean and include any changes, modifications or amendments to these Terms and Conditions or any parts hereof and shall also include, without limitation, the replacement of these Terms and Conditions in their entirety and “Updated” used with reference to these Terms and Conditions shall be construed in accordance with the foregoing.

“User” or “End-User(s)” or “you” or “your” shall mean any Person who accesses, downloads, uses and/ or views this Website and/ or the Services.

“Website” or “our Website” or “the Website” or “this Website” shall mean www.starmelee.com, which is owned by DAVICO and/ or DAVICO Parties.

4. INTERPRETATION

Unless the context of these Terms and Conditions otherwise require:

4.1 words of any gender include each gender;

4.2 words using the singular or plural number also include the plural or singular number, respectively;

4.3 the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to the entire of these Terms and Conditions and not to any particular clause, article or section of these Terms and Conditions;

4.4 whenever these terms and conditions refers to a number of days, such number shall refer to calendar days unless otherwise specified;

4.5 all accounting terms used herein and not expressly defined herein shall have the meanings ascribed to them under the generally accepted accounting principles in India;

4.6 headings and captions are used for convenience only and shall not affect the interpretation of these Terms and Conditions;

4.7 references to, recitals, clauses, sub-clauses, shall be deemed to be a reference to the recitals, clauses, sub-clauses of these Terms and conditions;

4.8 any reference to any statute or statutory provision shall include:

4.8.1 all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated); and

4.8.2 such statute or provision as may be amended, modified, re-enacted or consolidated.

4.9 the word “including” herein shall always mean “including, without limitation”;

4.10 words/ phrases not defined in these terms and conditions shall not be assigned such meaning which derogates or detracts from, in any way, the intent of these Terms and Conditions.

5. SERVICES

By means of this Website, DAVICO provides a platform to Purchasers by facilitating the purchase of Goods and such services that are incidental, ancillary or connected therewith (collectively referred to as the “Service(s)”) on or through this Website. DAVICO or this Website does not take responsibility or liability to ensure the sale or purchase of Goods. DAVICO does not make any promise and/ or representation that your purchase requirement will be satisfied on this Website. DAVICO does not take any responsibility or liability for any negligent acts or omissions of the Purchaser.

6. REGISTRATION AND ELIGIBILITY

In order to avail of the Services, you are required to create an Account and become a Registered User. Creation of an Account involves the following:

(i) Filling in the requisite personal information on this Website such as name, date of birth, email id, contact number of the User, etc.; and/or updating existing personal information or providing further personal information based on any revisions to the eligibility criteria as required by us;

(ii) Creating a login id and password;

(iii) Completing your email id; and

(iv) Providing us with KYC Information as specified in Annexure A for Purchasers.

You hereby represent and warrant that you meet the eligibility criteria for User and/ or Registered User and/ or Purchaser, as the case may be, and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You shall not create more than one Account with this Website or sell/ transfer the rights to access/ use your Account to any third party. DAVICO reserves the right to suspend your Account without any notice or explanation if any Data/ information provided by you is untrue, inaccurate, misleading, incomplete (or becomes incomplete, misleading, untrue or inaccurate), or if DAVICO at its discretion perceives the Data/ information not to be in accordance with the business principles or ethics of the Website.

7. REGISTRATION AS A PURCHASER

For provisions relating to registration as a Purchaser and applicable broad terms, please refer to Annexure “A”.

8. USER SUBMISSION

By using this Website and/ or the Services, you grant DAVICO a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, perform, display and otherwise fully use your Data in connection with this Website and/ or the Services and our business and/ or the business of any of the DAVICO Parties, including without limitation to promoting and redistributing part of or all of this Website (and derivative works thereof) and/ or the Services. You also hereby do and shall grant each User of this Website, including third party media, a non-exclusive license to access your Data through this Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, perform and display it in their use of this Website.

9. LICENSE

DAVICO grants you a non-transferable, non-exclusive, revocable, limited license to access and make use of/ view this Website, the Content and the Services only as expressly permitted in these Terms and Conditions (“License”). DAVICO may, from time to time, update or modify this Website and/ or release new versions of this Website, which may, at DAVICO’s discretion, be included within the said License. You agree not to copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and/ or other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of the Content in whole or in part except as expressly authorized by us. You shall not be permitted to sublicense or transfer any of your rights and/ or obligations laid down in these Terms and Conditions including, without limitation, access to this Website. DAVICO reserves the right to prevent or restrict your access to this Website and any contravention of the provisions of these Terms and Conditions by you shall terminate the said License granted to you by DAVICO.

10. CONTENT

DAVICO and DAVICO Parties are the exclusive owners of this Website and the Content along with the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights (“Intellectual Property Rights”) associated with the Website and/ or the Content and/ or the Services, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.

You acknowledge that the Content consists of original works and has been developed, compiled, prepared, revised, selected and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ours and such others. You further acknowledge that the Content may contain information which, when designated as confidential by DAVICO, shall not be disclosed by you on any platform, in any manner without DAVICO’s prior written consent.

You shall not distribute, reproduce, duplicate, reverse engineer, or disassemble in any medium any part of the Service or the Content or access, monitor or copy any part of the Content using any automated or manual process, or any robot, spider, scraper or by any other means for any other purposes whatsoever without DAVICO’s prior written authorization.

You shall not remove, alter, bypass or avoid in any medium any part of the copyright, trademark, or other proprietary notices marked on the Website and/ or the Services and/ or the Content or violate the restrictions in any robot exclusion headers on this Website or circumvent any other measures used to limit or prevent access to this Website. You shall not deep-link any part of this Website, or “frame, “mirror” or incorporate any part of this Website into any other website without our prior written authorization. You shall not, without DAVICO’s prior written consent, create derivative works or materials that otherwise are derived from or based on the Content, including montages, mash-ups and similar videos, wallpaper and desktop themes, etc.

Finally, by using this Website and/ or the Services and/ or the Content, you agree not to take any action that, in our sole discretion, subjects the infrastructure of this Website to an unreasonable or disproportionately large load.

11. USE OF THE WEBSITE

DAVICO is committed to providing a safe User experience and no User shall use or access this Website for any of the following purposes without our express consent:

(i)No User shall host, display, upload, modify, transmit, update or share Data of another person that is: i) belonging to another person which the User has no right to; ii) deceiving or misleading with regard to the sharing and transmission of any Data, or; iii) contains any software virus or computer codes, files or programs that are used or could be used to interrupt, destroy or limit the functionality of any computer resource.

(ii)No User shall use or access this Website to impersonate another person, in any manner that violates any law being in force at the time, or in any manner that infringes any patent, trademark, copyright or proprietary rights or for any other unlawful purpose whatsoever.

(iii)No User shall use or access this Website in any manner that could damage, disable, overburden or impair this Website, or could cause an obstruction to the use and enjoyment of this Website by any other Users and/or Persons.

12. END-USE OF THE SERVICES

You hereby represent and warrant that you are using and/ or accessing this Website and/ or the Services for lawful purposes. Furthermore, DAVICO hereby also confirms that the Goods used for the purpose of selling have been obtained from a lawful and genuine source and have not been obtained in an unlawful, unethical or immoral manner. Each Purchaser hereby also agrees that the Goods, which are being purchased from DAVICO vis a vis this Website, shall not be used for any unlawful purposes.

13. ACKNOWLEDGMENTS BY THE USER

You hereby acknowledge and agree that:

13.1 You are solely responsible for all applicable taxes, freight charges, insurance costs and for all costs that are incurred in using this Website and/ or the Services.

13.2 DAVICO does not take any responsibility for the authenticity of the Data provided by the User or any other third party in relation to this Website and/ or the Content and/ or the Services.

14. OWNERSHIP AND INTELLECTUAL PROPERTY

All Content on this Website and/ or the Services and/ or other incidental services thereto, including but not limited to the look and appearance of this Website and all intellectual property, is/ are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of India. The selling, licensing, transmitting, publishing, editing, adapting, modifying, reproducing, distributing, creating derivative works of, publicly displaying, removing, obscuring, altering or in any way exploiting or infringing our intellectual property, in whole or in part, is strictly prohibited. DAVICO reserves the right to initiate legal proceedings and/ or suspend or de-activate your Account on suspicion of your involvement with the violation of any or all our Intellectual Property Rights.

Nothing contained on this Website or in connection with the Services (as the case may be) should be construed as granting any license or other right to the End-Users. You acknowledge that all worldwide rights, title and interest in any third-party software available on this Website belongs to the applicable suppliers.

15. ALTERATION OF WEBSITE, SERVICES AND CONTENT

We reserve the right to make changes to/ alter this Website and/ or the Services and/ or the Content of this Website at our sole discretion, without prior notice.

16. PRIVACY

We are committed to protecting your Data and keeping it confidential. We make commercially reasonable efforts to protect your Data from unauthorized access or disclosure. The Privacy Policy explains the way your Data is collected, used, disclosed and protected, and should be read in conjunction with these Terms and Conditions. We advise you to read the Privacy Policy carefully to understand our practices.

17. WITHDRAWAL OF CONSENT

You have the option to not provide us with your Data and may also, at any time, withdraw your consent from us retaining and/ or using your Data. If you choose to withdraw your consent from the use and/ or retention of your Data at any time, you will need to write to us or send us an email at info@starmelee.com. Please note that the aforesaid may obstruct your use of this Website and/ or render you ineligible to avail the Services provided thereunder.

18. PAYMENT GATEWAY SERVICES

In order to facilitate the transaction between the Purchaser and DAVICO, as well as the transaction between this Website and the Registered User, DAVICO shall arrange for services through third-party vendors to provide merchant services to make credit/ debit card payments and/ or direct payments such as real time gross settlement (RTGS) etc. (“Payment Gateway”). Such third-party vendors have agreed to make all reasonable efforts to provide uninterrupted service of the Payment Gateway, subject to down time and regular maintenance. By accepting these Terms and Conditions, you acknowledge that the Payment Gateway may not be uninterrupted, error free or free from any virus or other malicious, destructive or corrupting code, program or macro. You further agree and confirm that the credit/ debit card details or other payment details provided by you for availing the Services are accurate and lawfully owned by you. The third-party vendors have committed that they will not store and/ or share your credit/ debit card or other payment details with any other party unless required for fraud verifications or by any law, regulation or court order. DAVICO shall not be responsible for deficiency of services of such third-party vendors.

19. LOCAL LAWS

This Website is controlled and operated from our headquarters based in Mumbai, India. Any access and/ or use of this Website by you from any other location outside India may require compliance with the applicable local laws. The Content and/ or Services and/ or any other material appearing on this Website or available thereunder may not be appropriate or available for use in other locations. Unless expressly stated, any marketing or promotional material and/ or Content appearing on this Website is solely directed to persons located in India.

20. OPT-OUT OPTION

You may choose to opt-out of and restrict and/ or limit DAVICO from sending you any communications such as newsletters, promotions and advertisements. You can opt-out from the said communications by sending us an e-mail on info@starmelee.com.

21. BREACH

In the event there is any material breach of the provisions set-out in these Terms and Conditions, the Privacy Policy or any other agreement executed between DAVICO and you, DAVICO shall be entitled to remove your Data from this Website, inform other Users of your actions, temporarily or permanently suspend or terminate your Account, limit and/ or restrict your access to this Website, initiate legal proceedings and recover any amounts due and owed by you, such as cost of the Services, legal fees, etc. The said breach shall include without limitation to:

(i) If you infringe any of the Intellectual Property Rights;
(ii) If you provide any incorrect or misleading Data which DAVICO is unable to authenticate, or which would constitute fraud, misrepresentation or cheating;
(iii) If you conduct yourself in any inappropriate or unreasonable manner in relation to these Terms and Conditions or any other agreement executed in connection herewith;
(iv) If DAVICO has reason to suspect or believe that you are in violation of any other law being in force at the time;
(v) If you use or access your Account for any restricted purposes, without our consent; or
(vi) For any other reason that DAVICO may deem fit.
Any person or User who accesses the Account of any other User without the authority to do so, shall be subject to prosecution under the law. However, you shall be held responsible for any activities that may result from any authorized access of your Account. We strongly advise you to exit/ sign out of your Account when you have finished using it in order to secure it from the aforesaid.

22. TERMINATION

DAVICO reserves the right to restrict and/ or terminate your access/ use of this Website and/ or the Services and/ or your Account and/ or block you from purchasing Goods as per these Terms and Conditions, at its sole discretion, without any prior notice.

23. DISCLAIMER; NO WARRANTIES

DAVICO provides this Website, the Content and/ or Services on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, without limitation, any warranty of title, merchantability, accuracy, availability, compatibility, non-infringement or un-interrupted access. You acknowledge and undertake that you are accessing the Services on this Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through this Website. DAVICO does not warrant that this Website or the functions, features or the Content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. DAVICO makes no warranty that this Website will meet the User’s requirements. DAVICO will not be liable in the event there occurs a time difference between a message released through a gateway/ server and such message finally reaching the End User from any such service provider. No advice, results or information, whether oral or written, obtained by you from DAVICO or through this Website shall create any warranty, which is not expressly made herein. If you are dissatisfied with this Website, your sole remedy is to discontinue using this Website. DAVICO is not responsible or liable in any manner, for any Data or information pertaining to any User, Registered User or Purchaser, as the case may be.

24. LIMITATION OF LIABILITY

Under no circumstances shall DAVICO or the DAVICO Parties be liable to you for: i) any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, loss of profits, goodwill, Data or other intangible losses arising out of the access and/ or use of this Website and/ or any interruption, suspension or termination of the Services, whether such interruption and/ or suspension and/ or termination was justified or not, negligent or intentional, inadvertent or advertent ii) any shortage or non-fulfillment of the Services on this Website or any other site arising out of technical failure, malfunctioning, etc.; iii) any unavailability of the Services due to any inability, delay or failure of the Purchasers to accept the terms and conditions, in relation to the sale and purchase of Goods, contained in this document or any other agreement and/ or document entered into with DAVICO and/ or the DAVICO Parties; iv) the accuracy, reliability, completeness, and/ or timeliness of any Content, software, text, graphics, links or communications provided on or through the access and/ or use of this Website and/ or the Services; v) error free and uninterrupted access and/ or use of this Website and/ or the Services and vi) any and all costs, charges, expenses, etc. incurred in relation to the downloading fees/ charges by third party service providers, ISP connection hosts, etc.

25. INDEMNITY

In the event any dispute, claim or legal proceeding/s arise/s out of any matter pertaining to the following: i) your access or use of this Website and/ or the Services; ii) your violation of these Terms and Conditions and/ or your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any damage caused by your Data to any third party; you agree to defend, indemnify and hold harmless DAVICO and/ or DAVICO Parties and/ or this Website from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs) and other losses, and acknowledge that DAVICO and/ or DAVICO Parties cannot be held liable or responsible in any capacity whatsoever.

26. SEVERABILITY

Each provision of these Terms and Conditions shall be separate, independent and severable from any other provision contained herein, except where expressly provided for or indicated by context. The invalidity, legality or unenforceability of any provision contained herein shall not affect the remaining provisions, which shall remain valid and enforceable to the fullest extent permitted by Applicable Laws.

27. GOVERNING LAW

These Terms and Conditions shall be governed by the laws of India and any disputes, controversies or claims arising out of these Terms and Conditions or any provisions stated herein or between us and any User or Registered User or Purchaser generally, shall be subject to the exclusive jurisdiction of the courts of Mumbai.

28. ASSIGNABILITY

These Terms and Conditions and/ or any rights granted hereunder, may not be granted, assigned or sublicensed by you to any third party, without DAVICO’s written consent. However, DAVICO may at our/ its sole discretion assign these Terms and Condition and/ or the rights granted hereunder and/ or any of our/ its responsibilities/ obligations to any other third party without notice to you.

29. WAIVER

No failure or delay by DAVICO or the DAVICO Parties relating to the exercise of any right, power, privilege or remedy provided under these Terms and Conditions shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by you nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in these Terms and Conditions all of which are severable and exclusive of each other or of any other rights or remedies otherwise available to DAVICO under Applicable Laws or in equity.

30. FORCE MAJEURE

If the performance of any Service or obligation under these Terms and Conditions is prevented, restricted, delayed or interfered as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, any event of hacking or illegal use of this Website, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of Data or any interruption or any failure of electricity or server, system, computer, internet, telephone service or any other acts whatsoever, which are beyond the reasonable control of DAVICO and could not have been prevented by reasonable precautions, then in such event, this Website, DAVICO and DAVICO Parties shall be discharged from such performance to the extent of and during the period of the force majeure event, and such non-performance shall, in no manner whatsoever, amount to a breach by DAVICO and/ or the DAVICO Parties and/ or this Website, of any obligations contained herein and/ or in any agreement executed between you and DAVICO.

31. GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are as follows:

Name: Mr. Karan Dave

Email ID: info@starmelee.com

In the event you wish to make a complaint regarding any violation of the provisions of these Terms and Conditions or the Privacy Policy, you may send a written complaint to the Grievance Officer.

32. CUSTOMER SUPPORT

We provide customer support to our Users in the form of responding to any queries you may have, assisting you in understanding this Website and/ or the Services and receiving your feedback, ideas and comments on how we can improve the Services and/ or the functionality of this Website. You may contact us by sending us an e-mail on info@starmelee.com.

ANNEXURE “A”
REGISTRATION AS A PURCHASER AND APPLICABLE BROAD TERMS

1. Eligibility:

Once the Account is created; the Registered User shall be eligible to be a Purchaser if they fall under one of the following categories:

(i) Any legal entity or legal person who is a citizen of India or not a citizen of India and who is able and eligible to enter into a legal contract in accordance with the laws of India or any other law existing and applicable in any other country of domicile or residence (“Individual”);

(ii) Hindu undivided family with/ and acting through the karta thereof, being an Indian resident and aged 21 years or above (“HUF”);

(iii) A sole proprietorship concern acting through its sole proprietor, being an Indian resident and aged 21 years or above (“Sole Proprietorship”);

(iv) A company as registered under the Companies Act, 1956 or 2013 acting through the authorized signatory being an Indian resident and aged 21 years or above (“Registered Company”);

(v) Partnership firm acting through their authorized signatory/ Managing Partner (“Partnership”); and

(vi) Limited liability partnership acting through the authorized signatory/Managing Partner being an Indian resident and aged above 21 years of age or above (“LLP”).

You hereby represent and warrant that you are not of unsound mind and/ or undischarged insolvent and/ or charged or convicted of an offence under any law being in force at the time. The eligibility of a Purchaser may be altered or modified by DAVICO without prior notice, at its sole discretion with regards to the criteria applicable for the Purchaser, either to include additional classes of Purchasers and/ or restrict the classes of existing Purchasers.

2. Placing of Purchase Order:

A Purchaser shall be provided with the option of placing an order for purchasing Goods in sealed parcels of standard quantities i.e. 0.25 cents, 0.50 cents and 1 carat (“Standard Quantity Parcels”). Any purchase order/ requirement that is over and above the Standard Quantity Parcels e.g. requirements of 1 and/ or 2 carats and above, may be made available to the Purchaser by DAVICO upon the Purchaser’s request.

3. KYC Information:

Once the Goods are displayed in the shopping cart section of the Website, the Purchaser is required to fill in an online verification form and is required to provide us with the following KYC Information:

(i) Individual:
-Name, gender, nationality
-PAN card details;
-Purchaser’s current address of residence, address of business and address of shipment;
-Valid existing telephone number/ mobile number;
-Email address

(ii) HUF or Sole Proprietorship or Company or Partnership or LLP:
-Name of HUF or Sole Proprietorship or Company or Partnership or LLP;
-Name of Purchaser
-PAN card details;
-Official address of business, address of shipment;
-Valid existing telephone number/ fax number/ mobile number;
-Official email address

The KYC Information listed above is not exhaustive and may be subject to further changes/ amendments by DAVICO for the purpose of User identification, whether required under Applicable Laws or under this Website.

4. Modes of Payment by Purchaser:

4.1 Electronic bank transactions

a) Advance payment: A Purchaser shall make an advance payment equivalent to 10% of the value of the Goods, to DAVICO vis-à-vis RTGS/ NEFT etc., at the time of placing the purchase order. Once the advance payment has been made, the purchase order is deemed to have been accepted by DAVICO and the Goods intended to be purchased will be locked in the shopping cart section of the Website for a maximum period of 24 hours.

b) Balance Payment: A Purchaser shall be required to make the balance payment i.e. 90% of the value of the Goods within 24 hours of the Goods being displayed in the shopping cart section of the Website. In the event the Purchaser fails to make the balance payment within the stipulated 24 hours, the Goods shall be removed from the said shopping cart section and the advance payment made shall be forfeited. There will be no refunds.

4.2 Credit/ Debit Card

One-time full payment: Payment for the purchase of Goods by the Purchaser vis a vis the use of a Credit/ Debit Card shall be made available at the time of placing a purchase order and subsequent to the goods being displayed in the shopping cart section of the website. The Purchaser intending to make a payment under this method of payment will be required to pay 100% of the value of the Goods at the time of purchase. There will be no credit facility offered to the Purchaser.

4.3 Any other mode of payment as may be updated and provided on the Website from time to time.

5. Creation of Purchaser’s Account:

Once the online verification and payment process is complete, the Purchaser’s Account shall be created and displayed on this Website.

6. Delivery of Goods:

6.1 After the Purchaser has made full payment for purchase of the Goods, DAVICO shall verify the Purchaser’s Account and subsequently dispatch/ courier the Goods to the Purchaser in Standard Quantity Parcels, or as the case may be, within 7 business/ working days from the date of receipt of the Purchaser’s full payment.

6.2 Once the Goods have been dispatched, DAVICO takes full guarantee of the quality of Goods only till such time till the seal of the Standard Quantity Parcel remains untampered, intact and unbroken.

6.3 BVC Logistics Pvt. Ltd. is contracted to execute courier services for www.Starmelee.com.

6.4 No goods may be exchanged once the payment for the goods has been made in whole (as a one-time full payment) or part (as a 10% advance where applicable).

6.5 Total Weight (TW): The term refers to a maximum variation of plus or minus 1.5 cents of the diamonds total weight.

7. Refund: No refunds. We advise you to read the Refund Policy carefully to understand our policy.

8. Penalty:

8.1 In case the Purchaser cancels its order for purchase of Goods after having already made an advance payment of 10% of the value of the Goods, under the RTGS/ NEFT etc. method of payment, the Purchaser shall forfeit the advance payment made.

8.2 In case the Purchaser cancels its order for the purchase of Goods after the Goods have already been dispatched by DAVICO, the Purchaser shall not be eligible for a refund of monies already paid to DAVICO. Further, DAVICO will not only be entitled to retain the entire monies already paid for the purchase of the Goods but also be eligible to an additional claim from the Purchaser in relation to processing fees, dispatch fees and any other expenses incurred by DAVICO in providing the Service(s).

9. Cancellation of Purchaser Account/ Registration:

9.1 If any Purchaser fails to abide by its commitment towards acceptance of the Goods from DAVICO, as per the terms and conditions set out herein, their name and Account may be delisted, at the sole discretion of DAVICO, and will not be allowed to carry out any transaction through the Website in the future.

9.2 The Purchaser’s orders of purchase shall be rejected and DAVICO shall be eligible to decline the sale of Goods to the Purchaser, if:

a) The information provided by the Purchaser is incorrect, incomplete and/ or cannot be verified by DAVICO; and/ or

b) DAVICO believes, at any stage of the transaction, that the Data provided by the Purchaser is false and misleading.