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" shall mean “you” the person who accesses this Website or wishes to place or who places an order for the purchase of the Product(s) on the Seller at this Website.
"Seller" or “CGR” shall mean the company CGR Metalloys Private Limited having its registered office at CGR Chambers,62/1906 A1, Sadanam Road Extn, Ernakulam South, Cochin, Kerala - 682016, which is the seller of the Product(s) offered for sale on this website.
"Consignment" shall mean each shipment of Products made by Seller in response to an order placed by the Customer following the terms of this Agreement.
"Product" shall mean gold and silver coins, bars, lockets and other precious metals articles and their packaging material(s) which have been offered for sale by the Seller on this Website as per the description of each item given in the Website.
CUSTOMER IDENTIFICATION REQUIREMENTS - KNOW YOU CUSTOMER ( 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. The 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 - an ID card is required.
For cumulative purchases above Rs.2,00,000 - PAN Card is mandatory.
CGR reserves the right to terminate any account, in the event the KYC information is found to be incorrect or the 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 the 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 that 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 the Customer's personally identifiable information available with it, but transmissions made using the Internet cannot be guaranteed or made secure. By using this Website, the Customer agrees that the Seller shall not be liable for disclosure of the 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 for 'phishing attacks' on the Customer.
PRECIOUS METAL PRICES
CGR Precious metals prices have a direct correlation to the International Commodity/precious metal markets, This allows our customers to benefit from the price volatility of precious metals.
Live purchase price of precious metals for sale are displayed on the website and are subject to fluctuations throughout the day. The value of precious metals is linked with the London metal Exchange rates (LME) and it shall solely be determined by CGR. Purchase price of gold and silver & 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 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.
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.
PAYMENTS BY BANK TRANSFER & 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 15Minutes of you placing a sales order.
While making payment for the sales order, CGR shall not be responsible, 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
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 confirmed, 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 responsible 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.
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 with respect to 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 with respect to 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 RESPONSIBILITY FOR TAXES, TARIFFS & 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 in 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 the 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 about 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 metatag 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, metatag, 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 the Customer's legal guardian or parents. The Seller reserves the right to terminate access if the customer is found to 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.