Terms and Conditions
The Seller CGR Metalloys Private Limited sells and provides its product(s) and services subject to the following Agreement (defined hereinafter). By accessing this Website, you (the Customer) acknowledge, declare, confirm and represent & warrant to the Seller that you have read and understood this Agreement and accept this Agreement and its terms & conditions and provisions as the legal equivalent of a signed, written contract, binding on you (the Customer) and you (the Customer) agree to be bound by this Agreement. This Agreement is effective immediately upon your accessing, viewing, or using this Website. The Seller CGR Metalloys Private Limited reserves the right to change this Agreement or any of its terms & conditions and provisions at any time, effective immediately upon posting on this Website.
CUSTOMER IDENTIFICATION REQUIREMENTS - KYC
CGR Metalloys makes it a priority to comply with
- Prevention of money laundering Act,2002
- Prohibition of Benami property transactions Act,1998
- Income tax Act 1961 etc, including amendments thereof
For this purpose, The customer must supply and disclose to CGR, personal information needed for identification and must also notify CGR of any changes, if any. The customer, as CGR’s contractual partner, is legally obligated to cooperate with CGR. Customer also agrees and undertakes that he /she will not open an account in the name of any minor. The Customer shall be responsible for complying with applicable laws in respect of purchase and sale of precious metal investment including but not limited to the acts mentioned above.
CGR requires Name, Address, mobile number, address, nationality, date of birth and email address for this purpose and/or may require the customer to submit the following documents for identification purposes - Drivers License, PAN Card, Aadhar Card, Passport copy etc.
- For cumulative purchase of Rs.50,000 and above - ID card is required
- For cumulative purchases above Rs.2,00,000 - pan card is also required.
CGR reserves the right to terminate any account, in the event the KYC information is found to be incorrect or authenticity of the information is found to be fictitious. You hereby undertake to indemnify and keep indemnified CGR against any losses, claims, liabilities costs, etc., which arise out of or relating to your failure to identify Yourself and validate Your account promptly and/or due to incorrect KYC documents/information.
When the Customer visits/access the Website or sends emails to us, you are communicating with Seller electronically. From your computer (Customer's computer) till the point of the server where this Website is hosted, it is the sole responsibility of the Customer accessing this Website for ensuring secure communication and for maintaining the confidentiality of his information details (including Credit card number and all other confidential information disclosed by him) and for restricting access to his computer, and the Customer agrees to accept responsibility for all activities that occur using his computer.The Seller shall not be liable for any hacking, interruption of communication etc which occurs in this link. The Customer specifically agrees that the Seller shall not be responsible for unauthorised access to or alteration of Customer's transmissions or data, any material or data sent or received or not sent or received. Further, the Seller will make best efforts to safeguard the confidentiality of Customer's personally identifiable information available with it, but transmissions made using the Internet cannot be guaranteed or made absolutely secure. By using this Website, the Customer agrees that the Seller shall not be liable for disclosure of Customer's information due to errors in transmission or unauthorised acts of third parties. Without prejudice to the foregoing, the Customer agrees that the Seller shall not be held liable or responsible for 'phishing attacks' on the Customer.
CGR PRECIOUS METAL PRICES
Live purchase price of precious metals for sale on the website is displayed on the website, and is subject to fluctuations throughout the day, The value of precious metals is solely determined by CGR.
Purchase price of gold and silver and CGR’s buyback price may vary and also may be different from that available in the open market and/or in any other retail outlet.
CGR Gold rate is derived based on
- London Metal Exchange rates (LME)
- IBJA Rates
- AKGSMA Rates
CGR disclaims any claims and/or liabilities arising from fluctuations or revision in prices.
SALE OF PRODUCTS
CGR’s sales presentation on the Website does not constitute a binding offer but is merely an invitation for the Customer to deal with CGR. The Customer agrees and acknowledges that product(s) are offered only at the sole discretion of the Seller for a restricted time and only for the available supply/till stock lasts and that CGR reserves the right to place limits on quantity / monetary value on the orders placed through its website and retail stores.By clicking on the buy button, the Customer makes a binding offer to purchase the Product at the price indicated on the Website.
Retention of Title
Until full payment of the invoice of a specific delivery, CGR retains the full and extensive title of the Product. All products would be dispatched only after receiving full payment for each order.
Payment instructions will be issued online on the final page of the online Sales Order process and again by email after you place your Sales Order.
Payments by Bank transfer and UPI
When making payment through Bank Transfer and UPI, It is always best to remit your payments immediately to complete your transaction, So you can realise the locked-in price mentioned in the sales order you placed, Ideally within 1 hour of you placing a sales order. If you default and payment is not timely received, CGR reserves the right in its sole discretion to (a) accept your payment; (b) refuse your payment and cancel your Sales Order; (c) close your account; and/or (d) preclude you from placing future trades or from making future Sales from CGR. All additional banking fees and commissions fees are to be borne by the Customer.
Payment Method Charges
Payment method charges are incurred by the customer based on the mode of payment, these charges are mentioned on the product page. We encourage the use of direct bank transfer and UPI payment which have zero additional charges for transactions, enabling our patrons to acquire precious metals investments at the lowest premiums possible.
While making payment for the sales order, CGR shall not be responsible or liable, whatsoever in respect of any loss or damage arising directly or indirectly due to:
- Lack of authorisation for any transaction/s,
- Problems between the customer and their bank.
- Any payment issues arising out of the transaction,
- Illegitimacy of the payment methods (credit/debit card frauds, etc.)
- Temporarily discontinuation of invitation to offer; and/or
- The decline of transaction for any reason(s) whatsoever.
Cancellation by customer
Cancellation of Order of products will be accepted only within 6 hours of placing an order. Beyond which CGR Metalloys shall not accept any cancellations under any circumstances.
Cancellation by CGR Metalloys
CGR Metalloys may, at its sole discretion, reserves the right to cancel any particular order. We shall notify the customer in case the order has been cancelled fully, partially or if any additional information is required. Some situations that may result in the order being cancelled, refused or modified are :
- Limitations on quantities available for purchase.
- Inaccuracies / Errors in product or pricing information.
- Inaccurate/incomplete information of the customer.
- Force Majeure ( flood, pandemics, natural calamities or acts of god etc.)
We take great care and caution while manufacturing and dispatching all our products. In the rare event a customer receives a ;
- A damaged, defective product
- Different or wrong product
- Product damaged during transit (not its outer packaging).
We Assure you a trouble-free replacement or full refund at no extra cost.Otherwise, WE CURRENTLY DO NOT ACCEPT RETURNS OF PRECIOUS METAL PRODUCTS.
Customers are required to contact our customer service team within 48hours of receiving the product, claims after which shall not be entertained. Our team will ascertain the nature of the defect and process the request accordingly. Returns shall only be approved for refund or replacement after it passes fineness and authenticity check at CGR’s facility.
CGR reserves the right, at its sole discretion, to reject any Returns/Replacement/Refunds that does not comply with these requirements.
- The returned product must be in original packing that it was delivered with. The product and its seal should not have tampered with / damaged / modified in any way, shape or form by anyone other than CGR Metalloys.
- The returned products fail to pass the fineness and authenticity checks.
The Customer is responsible for the risk of loss during the return shipment. Shipping and handling charges are non-refundable.
The refund will take between 7 to 14 Business days from the date of verification.
All disputes arising will be subject to the jurisdiction of Ernakulam Courts only.
When the refund has been approved, the amount shall be refunded depending upon the mode of payment used for placing the order, all refunds may take 1-10 business days to be refunded and depends on the terms and conditions of the payment gateway provider.
Credit Card: the amount shall be refunded to the customer's card account, within the time span stipulated by the bank
Payment gateway & Digital wallets: payment shall be refunded to the same account
Direct Bank Transfer / NEFT / UPI: 7 business days
Vouchers and Gift cards: The cancellation of orders that are paid via online vouchers or gift cards will not be refunded to your bank account. It will be credited to CGR wallet account only and can be used for future purchases.
Cash: CGR shall return the amount within 7 Business days by Cash, NEFT or DD (all additional charges if any are to be borne by the customer)
If the amount has been deducted from your account but the transaction failed, we will refund the amount to your account at the earliest.
CGR Products come with guaranteed buyback, We aim to make purchase and sale of precious metals transparent and hassle-free as possible. Below you will find the Percentage value we offer at the time of buyback, which can be availed at our retail outlets and partner stores.
Kindly retain a copy of the invoice and the product in its original security case for better resale value.
Buyback of Non-CGR Products & Products removed from Security Case
CGR accepts non-CGR products and CGR products removed from its security case.
However, they shall undergo additional tests by our Inspection Dept, which may include sampling for Fire Assay at a BIS & NABL recognised lab.
Conditions of buyback
A buyback may be availed only after 10 days of purchase of the product.
CGR gold rate shall be determined by CGR Metalloys based on
- International London Metal Exchange (LME) rates
- IBJA Rates
- AKGSMA Rates
Buyback of all products is subject to a mandatory inspection of the item for defects, authenticity and purity verification by our Inspection department.
The value obtained at buyback is subject to
- Market conditions
- Evaluation report of the item by the Inspection dept.
The Amount shall be remitted through RTGS/NEFT.
CGR Metalloys reserves the sole right and discretion to modify or withdraw the buyback or its policies, without prior notice.
WHEN YOU SELL TO CGR
At the time of buyback or selling of precious metals to CGR Metalloys, once the Rate of metal has been fixed, the customer and CGR enter into a binding contract and the transaction price is locked in. This is beneficial and transparent for the customer since there is no ambiguity in the lock-in price of the metal.
In case of a default in performance of shipment, quality, quantity or any other act by the customer and there arises a loss due to market price fluctuation, you agree to be fully responsible and liable to CGR for any financial or opportunity loss that is incurred by CGR and agrees to pay the same and also pay for any costs incurred associated with CGR’s effort to collect dues from you. Any Market price gain on Purchase Order cancellations shall vest in and remain the property of CGR, We reserve the right to cancel any Purchase Order at any time and for any reason.
All orders are shipped by CGR, at its discretion, by our logistics partners. Each package is fully insured and may take on average 1-10 business days to be delivered, this delivery period is purely indicative and not contractual.
CGR will always declare the full value of the shipment on any shipment form. There are no exceptions to this rule. Any additional taxes and/or duties by local/central government shall be borne by the customer.
Should delivery of the goods from CGR fail for any reasons beyond its control, CGR may cancel the contract, and any payments made will be refunded. Our logistics partner shall attempt to deliver the products with a total of three attempts, if the customer fails to collect an item, the parcel will be returned to CGR and a new request will have to be made, the customer shall pay for any additional charges incurred.
CGR insures all of its shipments while in transit for the sale value of the enclosed product purchased. The shipping insurance ends once the Product has been delivered. Proof of identity would be required to take delivery of the product. You may claim coverage under the insurance policy, provided that you directly receive the package from the Delivery executive
Neither we nor our insurance company accepts (and we specifically disclaim) responsibility if you have left instructions with any carrier or delivery service to leave parcels for you without the need for your signature. Nor do we, nor our insurance company, accept (and we specifically disclaim) responsibility if you have given any carrier or delivery service instructions to leave your package with someone else, such as a security guard, building manager, neighbour, or a drop-off location such as Mail Boxes Etc., In any such case, your package will not be covered for insurance by CGR or our insurance carrier.
Damaged / Tampered Shipment
The Customer has the obligation to refuse any shipment, which appears to be damaged or tampered with as the shipping insurance ends once signed for and/or delivered. When refused, the package(s) will return to CGR for inspection. Customers must immediately submit a complaint by email to the Customer Service.
CGR will not be liable for any loss or damage caused if the Customer accepts the parcel despite it being damaged or tampered
The duty to verify the parcel for any damages or tampering is of the Customer and if the Customer accepts the parcel and later comes to know of any damage or tampering, CGR shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and Insurance Company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.
If there is any disruption, the Customer agrees to cooperate with CGR in any investigation or claim process and to take every reasonable action requested of him/her in the process, including filing police reports, etc. Failure to fully cooperate will jeopardise coverage that may be provided to the Customer. Terms of insurance are subject to change from time to time.
Back Ordered Items / Delay in delivery
Supply and demand problems occasionally occur in our business. From time to time, we have more buyers than sellers. If this should happen, you will be duly intimated and we reserve the right to delay delivery of your Sales Order(s) up to 28 calendar days (from your expected shipping date) to fill your Sales Order. Provided that you have not defaulted in any term of your completed transaction, even if the price were to rise, your price is locked-in. If there is further delay in providing the product, we will refund your original sales price. If a refund is provided or there is any delay in sending your Products, you waive any right to any claim or actual damages of any kind or nature whatsoever.
Absence of Relationship
The sole relationship between CGR and you is that of buyer-seller. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between CGR and you exists.
If CGR cannot perform any obligations hereunder as a result of prevention, restriction, delaying or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the CGR and could not have been prevented by reasonable precautions then failure to perform such obligation shall be excused and CGR shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Absence of Waivers
A decision or a failure by CGR to take action for any non-compliance by you of your obligations to CGR or to insist upon strict adherence to any term in the User Agreement, does not affect the ability of CGR concerning any other non-compliance by you and does not waive or limit CGR’s right thereafter to insist upon strict adherence to that or any other term, whether of a similar or dissimilar nature. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorised officer of CGR.
Pricing or Typographical Errors
We work hard to provide accurate Product and pricing information to you. However, pricing or typographical errors may occur. If an item is listed at an incorrect list price or with incorrect information due to an error in pricing or Product information, CGR shall have the right, at our sole discretion, to refuse or cancel any Sales Orders or Purchase Orders placed by or sent to you for that item. We will contact you for instructions or cancel your Sales Order or Purchase Order and notify you of the same. Prices and availability are subject to change without notice.
Customer responsible for taxes, tariffs and duties:
You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase/redemption/of Gold/Redeemable Products. CGR will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is Your responsibility to be aware and properly address any taxes, tariffs and duties to which You may be subject by any local, state and/or Central government. Any misrepresentation, if found. The customer would be solely responsible for all types of tax, interest and penalty due to the government at any given point of time.CGR does not represent to provide advice or recommendations about your specific taxes, tariffs and duties and any statements made by us are only to raise issues for you to discuss with your tax or other professionals.
Risks and Investment advice
All investments involve risk; Precious metal investments are no exception. The value of precious metals products is affected by several economic factors, including but not limited to;
- The market price of precious metals
- Scarcity of precious metals in the markets
- Market Sentiments and demand.
Customer agrees that CGR does not provide any advice on the opportunity to invest in, disinvest from, or remain invested in, either expressed or implied on the products offered and that we are not liable for any investment decisions you make.You represent and warrant to CGR that you have sufficient experience and knowledge to make informed decisions to Purchase/Buyback /Redeemable Products and you acknowledge that you are making all of your own decisions.
The Website may contain links to sites owned and maintained by persons or entities other than the Seller. The Seller is not responsible for the content or links displayed on such sites. The Seller is not responsible for the privacy practices of such sites which Seller does not own, manage or control. The Seller does not regularly review and makes no warranty or representation regarding materials posted, or products or services offered, on the sites to which this Website may be linked and Seller shall not be responsible for any deficiency thereof. The Seller does not endorse any or all of the materials, products, and services available on such linked sites, and the Seller expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the products and services offered at any linked site. Any decision to view the contents of any linked site is sole of the Customer and is made at Customer's own risk.
The User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the Un-enforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or the remainder of this Agreement. The same applies to any gaps in this agreement.
Disclaimer of liability
The Seller will not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Product(s) offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Seller has been advised of the possibility of damages.
The Seller has mentioned the delivery timeline of the product on the website that is indicative and is based on the best-effort basis of the Seller and several other third-party service providers. While the Seller shall strive hard to deliver the product within the mentioned timeline, the Seller does not take responsibility for any delay in the same and shall not be liable for any compensation (monetary or otherwise) to the Customer in any case.
The Seller has endeavoured to provide the most accurate, up-to-date information on this Website. However, the information, materials, products, and services available on this Website may inadvertently include inaccuracies, typographical errors, or outdated information. The Seller is not responsible for and shall not be bound to honour typographical or pricing errors on this Website. The Seller reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Seller believes the customer has violated applicable law or this Agreement, orders that the Seller believes are harmful to the Seller or orders that the Seller believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information.
Seller's entire liability (including any liability for the act and omission of its employees, agents or sub-contractors) to the Customer in respect of any breach of its obligations arising hereunder, or of any representation, statement, tortious act, or omission, including negligence or deficiency of service or goods arising under this Agreement, or breach of any or all warranties given in this Agreement or respect of all claims, proceedings, damage, injuries, losses, damages, liabilities, penalties, costs, charges, expenses (including without limitation court fees, litigation expenses and attorney's fees) or any consequences or damages whenever arising shall be limited in total (no matter how many claims are made, or whatever the basis of such claims) to the replacement of the Product(s), or at Seller's discretion, repayment of the price of the Product(s) purchased by Customer and out of which particular Product(s) the Sellers liability arose.
The Customer agrees, acknowledges, confirms and undertakes that in any event and at any point of time whatsoever the Customer shall not do all or any of the following:
- tamper with or alter Seller's trademark, service mark, symbol, marking, abbreviations thereof or any brand or hallmark symbol displayed/etched/stamped on the Product(s), or
- add, in any manner whatsoever, any trademark, service mark, symbol, marking, abbreviations thereof or any brand or hallmark symbol on the Product(s)
- Do or cause to be done any act or thing, directly or indirectly impairing or affecting the right, title and interest of the Seller to the Intellectual Property Rights with the Product(s). The term "Intellectual Property Rights" shall include but not be limited to copyrights, trademarks, patents, trade secrets, designs, artistic work or other proprietary rights protected under law from time to time. In this respect, the Customer agrees, acknowledges and confirms that making copy/copies of the Product(s) is a violation of Seller's Intellectual Property Rights and is prohibited under this Agreement.
The Customer hereby assumes the sole risk of making use or relying on the information, materials and services relating to the Products available on this Website or relating to this Website. The Seller makes no representations about the suitability, completeness, timeliness, reliability, legality in Customer's jurisdiction, or accuracy of the information, materials and services relating to the Products described or contained in this Website for any purpose.
The Seller expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, currentness, suitability, reliability, availability, timeliness, quality, continuity, performance, error-free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. This Website and all such information, software, services and related graphics are provided "as is" without warranty of any kind whatsoever.
Use of website & Data
Customer agrees, acknowledges, confirms and undertakes that the Registration Data, information/data provided or uploaded onto the Website by the Customer: (a) shall not be false, inaccurate, misleading or incomplete or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy or (d) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing or (e) shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever or (g) shall not create liability for Seller or cause Seller to lose (in whole or in part) the services of Seller's ISPs or other service providers/suppliers. If the Customer contravenes the foregoing or the Seller has reasonable grounds to suspect that the Customer has contravened the foregoing, the Seller has the right to indefinitely deny or terminate Customer's access to the Website and to refuse to honour the Customer's Order(s). The Seller prohibits the use of its trademarked names in metatags and/or hidden text. The use of trademarked names in metatag keywords amounts to trademark infringement, and the use of trademarked terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. The Seller prohibits the following
(a) linking to this Website and its web page(s) without the prior written consent of the Seller and/or
(b) Framing this Website and its web page(s) with links, advertisements and/or other information not originating from this Website.
(c) No right or license is granted under any copyright, patent or trademark of the Seller to any other party.
The Customer agrees that any feedback, comments, ideas, suggestions, information, or any other content which Customer contributes to the Seller or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Seller to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The Customer represents and warrants that he owns or otherwise controls all of the rights to the content that he may contribute to this Website and that use of his content by the Seller will not infringe upon or violate the rights of any third party.
The Customer agrees and acknowledges that this Website can be used only by individuals who are 18 years and above and can enter into legally binding contracts. Individuals who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to minors, Un-discharged insolvents, etc., are not eligible to use this Website and purchase the Product(s). In the event, the Customer is a minor and wishes to purchase the Product(s) such purchase must be made by Customer's legal guardian or parents. The Seller reserves the right to terminate access if the customer is found under the age of 18 years.
That for all intents and purposes singular includes the plural and masculine gender includes the feminine gender. This Agreement is written in English and the official language of this Agreement and all correspondence concerning it shall be in English. All disputes arising will be subject to the jurisdiction of Ernakulam Courts only.