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This agreement is signed between FIRST PARTY website www.malamo. in, including PC End, Mobile End, and application program, hereinafter referred to as "this website" or "MALAMO") users, and use the Consumer provided by MALAMO. A company incorporated under Indian Companies Act , 2013. Having address at National Parkpl-45 5 Takka Panvel, Raigarh Maharashtra - 410206. Herein after referred as the First Party.
The person/individual/company/ jointly and severally signing up on this website in order to purchase gold and silver coins, jewelry, articles, etc Online. That the person signing up is the end consumer and is purchasing the same for self consumption and not for trading or business purpose. That such person is there by a consumer as per Consumer Protection Act, 1986 Hereinafter referred as the second party.
1. Introduction of First party
First party is involved into business of retail of gold coins, gold jewellery, gold articles, silver coins, silver articles, silver jewellery, etc. The said retail is online and in offline retail stores (for now in India Only Online selling available). That the first party is involved in selling of the said articles directly to consumers. That the products sold are for consumers and not for trading or gambling purpose. That the rates at which the articles are sold are reflected on the home page of the official website of the first party. The gold and silver rated may differ from MCX as the first party follows international rates for gold and silver which varies every second and every minute. That the first party follows Real Time Price Policy in order to give best privilege to the second party.
Also that the first party has different policies in order to give highest benefits to the second party and which will be more eloberated in this agreement below.
WHEREAS The second party is a consumer and is willing to purchase the said products provided by thE first party only after fully reading, understanding and accepting the terms and conditions of this agreement and hence thereby below are the terms for the same.
WHEREAS the second party while availing the services and goods of the first party also indemnifies that the said transaction Is also lawful from their side and the same doesnot amount to trading, gambling, money lending or any other unlawful act.
2. Introduction of the second party
That the second party is the user, the one who signs up or registers on the official website of the first party. He is the consumer as defined in Consumer Protection Act, 1986. The second party utilizes the service and products of the first party for lawful practice and is accepting the below mentioned terms as mentioned below, without any alteration, misinterpretation, doubt and debure. Also that the sole intention to avail facility of the first party is to consume and not to trade, gambel or carryout any unlawful practices.
In general actual interpretations from the books of law and oxford dictionary be made applicable. However, the actual meaning if available in the books of law the same be adopted from the books of law,
4. Scope of Agreement
This agreement is signed to understand elaborated terms and conditions for the purchase, sale, buy back, cancellation, exchange of the products only which is available on the website of the first party only.
Prakul Creations Private Ltd.,Co and its operating MALAMO website provide services to MALAMO users(hereinafter referred to as "users") according to the terms of this Agreement. And this Agreement has legal effect between users and Prakul Creations Private Ltd.,Co.
5. Consumer Understanding
a) Unless second party accept unconditionally and without modification any of the terms and conditions contained herein and any notice posted immediately on this website, and abide by the relevant laws, regulations, regulations and rules of this website relating to the Internet, otherwise second party are not entitled to use the services and products MALAMO provides under this Agreement.
b) The consumer understands that the pricing policy is different from the regular retail stores and the same is followed as per international market and the same fluctuates as per market standards and he cannot blame the first party for this for any profit/ loss/gain/disputes/damages/compensation, etc
c) The revised agreements and rules shall take effect automatically as soon as they are published on this website. The rights and obligations of the user are stated in accordance with the latest service/ product terms. FIRST PARTY specifically reminds users that they should be aware of changes to this Agreement and subsidiary rules from time to time. If the user continues to use this Service/Products/goods after the relevant agreements and rules are announced, it means that the user has fully read, understood, and accepted the revised agreements and rules. If the user does not agree to the relevant changes, the user can immediately stop using this service. At the same time, this website has the right to terminate or suspend this Agreement or restrict the user from entering all or part of this website without any notice and does not bear any legal liability. However, the termination, suspension or restriction does not exempt the user from the obligations under the consumption already performed on this website and the links available on the website.
d) Second party also understand that there is a room for communication through via email, telephone, sms or any other application for conveying the messages. The same will be done upon the details provided by the second party. The second party thereby indemnifies the first party that they have provided the correct information and any such information if in case is incorrect, wrong, unknown or for any reason the first party is unable to utilize that provided detail. In such case the second party indemnifies the first party and will not be entitled to ant claim over such an issue and the same be not termed as inefficient service, damaged service or any such term which may point out to a service providers fault.
e) The second party thereby also indemnifies that he will never blame the first part for any kind of blame with regards to any civil or criminal liability arising out of the data shared on the website.
f) First Party provides various commodity information and information for the user's reference only. Users should make careful choices, make independent judgments and make decisions taking into account the actual situation. Users should be aware of the risk of price fluctuations of precious metals such as gold and silver, and all risks arising after the purchase of all funds (or after the advance is locked in the price) are borne by the users themselves. In addition, if First Party finds a handling error due to a system failure or any other reason, has the right to correct the error(including unconditionally canceling orders submitted by customers during the duration of the error), The user is obliged to act according to the First Party notification about correcting the error.
g) That any kind of sales or activities on this website will not amount to any gambling or intraday trading.
h) Inorder to ensure that there is no illegal activity happening the first party will mandatorily terminate the transaction and the funds will be transferred within 2 days in user account and the second party can redeem the same in their bank account.
6. Types of sales
Types of sales available on website and retail.
a) Fully paid sales
i. The sales is considered to be a fully paid sales when the entire amount .
ii. The item will be delivered within 10 days from the date of full payment received.
iii. In case of return of goods due to non delivery view our return policy.
iv. Buy back policy will be as applicable as per the company standards, that the first party will buy back only the products which were earlier purchased from the first party.
v. The price of the gold and Silver will be subject to price mentioned on official website of the first party.
vi. The payments to be made only by electronic means, internet banking, BHIM UPI, Net banking, Pay tm , debit cards, credit cards or any other payment gateways as allowed on the website.
vii. Any unlawful act performed by the second party entirely at the risk , cost and consequences of the second party.
viii. The price derived on the official website of the first party will change at 11.30 a.m every day and the same remains consistent for the whole working day which is hereby termed as “fixed payment”.
ix. 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, open. However, the customer indemnifies that he will not accept any product who’s seal is broken, tampered, open, damaged, etc.
x. In case of such an exchange due to damage or wrong product delivery the second party will have to either drop the product in the premises of first party or send by way of post/ courier. The cost for the same to be borne by the second party. And the second party indemnifies for the entire transit.
b) Booking sales
i. This type of sales is applicable only on gold bars, gold coins, silver bars and silver coins.
ii. In this kind of sales the buyer shall pay the minimum amount as prescribed after each product to book the product.
iii. After receipt of the said booking price the buyer has to decide upon the booking before 1.29.59 am, On Saturday of every week.
iv. If the decision to either fully pay for the product or to cancel is made before Saturday 1.29.59 a.m day and the same is intimated within the same tenure then the further booking will be as per real time price only and the same is more clearly mentioned in the link mentioned on the official website of the first party.
v. If the decision is not made within the above mentioned timeline and 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. However the price will be as mention on the official website of the first party.
vi. The calculations for value of goods, price and rates along with refunds and process fee, along with GST arising out of cancellation will be made visible in a separate dialogue box at a click which will help the second party to analyze and indemnify risk, cost and consequences.
vii. The price of the gold and Silver will be subject to price on the official website of the first party only.
viii. The payments to be made only by electronic means, internet banking, BHIM UPI, Net banking, Pay tm , debit cards, credit cards or any other payment gateways as allowed on the website.
ix. If the second party utilized this service the client understands that the second party will have to pay as per fully paid price and not as per booking price as at that moment the product gets converted into fully paid product. Process fee, taxes as may be
7. Modes of Delivery
a) Ask for delivery
i. In this type of delivery the customer will receive the delivery on the address provided within 10 days of confirming order.
ii. The person collecting the said parcel will have to provide one passport size photo, Photo Copy and self-attested copy of any one of driving license, AADHAAR card, Pan Card, Passport. Only these documents will be valid. Failure to which the product will not be delivered
iii. The person collecting the product will have to hold the delivered box and will have to allow the delivery man to click the photo along with the delivered box.
b) Self Collect
i. The customer will have to collect the product from the office as mentioned on website and on the allotted time.
ii. The person collecting the said parcel will have to provide one passport size photo, Photo Copy and self attested copy of any one of driving license, AADHAAR card, Pan Card, Passport. Only these documents will be valid. Failure to which the product will not be delivered
iii. The person collecting the product will have to hold the delivered box and will have to allow the delivery man to click the photo along with the delivered box.
c) Safe keeping
i. When the customer chooses safe keeping then he product will be kept safe with the first party.
ii. This is to enhance ease to the customers to avail buy back policy. This option is opted by the customers when they are usually unsure of delivery, date, time and place, or unsure upon their decision of the design or the product purchased.
iii. However, the customer can later avail the facility to request delivery or request pick up with prior appointment only.
iv. The person collecting the said parcel will have to provide one passport size photo, Photo Copy and self-attested copy of any one of driving license, AADHAAR card, Pan Card, Passport. Only these documents will be valid. Failure to which the product will not be delivered
v. The person collecting the product will have to hold the delivered box and will have to allow the delivery man to click the photo along with the delivered box. For this the second party shall not be offended by such photo as the same is utilized for record purpose only.
• The delivery will be made only to the places where the logistics facility is available. If it doesn’t fall in that logistic route then the customer can choose self pick up or safe keeping. To check the status of logistic route the second party to run through the official website.
8. Sell off Policy
i. Customized gold jewellery will not be accepted.
ii. Any kind of change even due to wear and tear of the product, the same will not be eligible for sell off.
iii. This policy is applicable only offline.
iv. The price for testing be borne by the second party only
v. That FIRST PARTY will allow this facility only on their own products and only after due diligences and approval from the evaluators.
vi. 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.
vii. The customer will have to visit the authorized testing cente1qr as may be available on the website of the first party. Thereafter upon generation of report and approval from the first party the second party will have to drop the product with the testing center.
viii. Further detailed buy back policy as available on website.
ix. Buy back only as per market price/ real time price as the case may be
x. It is the discretionary power of the first party to decide upon the buy back and the second party shall not force, claim for any mandatory buy back, without providing sufficient information to the second party.
xi. At the time of such buy back the second party will have to keep the e bill ready for security reasons.
xii. The second party understands and accepts the buyback policy without any alteration, doubt or disputes. The second party also understands the market change in price and shall not blame the first party for it. Also that the second party indemnifies for every such act.
xiii. In such case the money be transferred within 10 days of dropping the product with the registered outlet of registered office of first party.
9. Governing laws
a) The laws of the India shall apply to the validity, interpretation, modification, execution and dispute settlement of this Agreement. However in general actual interpretations from the books of law and oxford dictionary be made applicable. However, the actual meaning if available in the books of law the same be adopted from the books of law, In the absence of relevant legal provisions, it should refer under Arbitration and Conciliation Act, 2015 (as amended).
b) 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:-
i) To bring a suit in a people's court which has jurisdiction in Mumbai only. Language of arbitration be English only.
ii) Matter be referred to the sole arbitrator under Arbitration and conciliation act, 2015 (as amended) as decided mutually within 30 days of such dispute, claim, etc. if both parties fail to do so then in such case necessary steps be taken for appointment of the Sole arbitrator.
iii) The arbitration expenses to be borne by both parties equally.
iv) In case of any discrepancies, disputes, queries, notices to be served on the updated address available on the official website only.
10. Issues And Concerns
That the second party understands that the bills issued by the first party are all e-bills and upon the receipt of the 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. Failure to such an intimation the said bill is deemed accepted without any doubt, dispute or demure. The customer can also mail at [email protected] Any other change as may be made applicable without any further notification.
a) That the second party hereby indemnifies the first party about the interpretation of the website content, agreement and all the other policies read or unread by them. Also that the second party indemnifies the first party for the price changes dur to real time price policy, market standards, mcx, international market, government policy, political changes, act of god, any other such unexpected man made disaster, technical faults, sever related issues, etc. Also that the second party understands that in case of termination of transaction, buy back or any other such facility the second party may incur losses and hence due to which the second party may suffer any kind of loss, damage, etc for which the second party will never blame, claim any kind of loss, damage, disputes, compensation, interest etc.
b) The second party understands that the first party will not be blamed for any kind of loss incurred by the second party due to any decisions made by them for buying the products or for using booking policy or utilizing buy back services.
c) The second party thereby assures the first party for use of their debit cards, credit cards, BHIM UPI, Paytm, or any other such kind of service for payment gateways. That the first party will definitely take utmost care to protect the data of its customers however for any kind of act performed by a third party, the second party indemnifies.
12. Payment Method.
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.
13. Cyber crime and its Assistance
The second party understands that he/she is responsible for ensuring safety measure with relation to cyber issues. And hence the second Marty is bound to maintain secrecy of the confidential data of banks, payments, usernames passwords etc. for any kind of a cyber crime 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. And the entire responsibility is of the second party to stay indemnified and so the first party will not pay any interest, compensation, losses, damages, etc arising out of this.
Second party undertake to strictly observe the relevant laws, regulations, government regulations and all international practices in the use of the Internet, observe all network agreements, rules and procedures related to first parties services, and use the information or services provided by first party legally.
Second party agrees and undertake not to use first parties services for any unlawful purpose or in any unlawful manner, and not to use first parties services to commit acts that infringe the rights or interests of others. If there are any violations, the violators shall be fully liable. If the second party makes commitments for any kind of self prediction on change in price then the same be entirely at the risk, cost and consequences.
The second party if forgets the password then the first party shall assist to reset the same however in case of stolen data of account or passwords the first party shall only provide support however the second party will have to act upon the same in order to maintain their interest and safety.
14. Real Time Pricing Policy
The Real Time pricing policy is accepted by the second party without any doubt, dispute, alteration, misunderstanding, misinterpretation etc. the second party understands that the price of the commodity Is derived from the real time price in the market. Thereafter the first party is entitled to charge second part making charges, service charges, process charges and packaging and handling charges. The same varies from time to time as per the market structure and company policy.
In case of any buy back or automatic termination the second party may incur profits and losses due to real time pricing and the same thoroughly understood from the website.
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.
15. Wallet Activation
Wallet activation is mandatory to avail any facility from the first party. The second party shall put a minimum sum of Rs.100. The second party can withdraw the same amount immediately upon such transfer.
16. 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, mis leading, inappropriate resource of information, damages, disputes, breach of trust in any such case the first party will not be held responsible for the same. Also that second party understands that the true source of information about first party, its products and services will be made readily available on its official website only and any misleading, wrong , etc information will neither be taken into consideration nor will affect the decision or opinion or act of the second party. Second party makes the decision of utilizing the services and products only after perusal of the contents available on the official website of the first party.
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.
The consumer understands that the GST is to be paid by the end consumer and the same will be charged separately. Also that the customers thereby has to bear that as a part of his expenditure. Also that any change in the structure, charges and taxation policies will be made directly applicable upon the instructions of the competent authorities. Without any further notice the changes be made acceptable to the second party without any doubt dispute or demure.
18. 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. And accordingly, he only will have an option to follow the buyback policy of the first party.
19. 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. However a prior appointment needed. 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.