Terms And Conditions

Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended from time to time.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publication of the rules and regulations, privacy policy and terms of use for access or usage of the Barriq Platform/Platform (as defined below). The Barriq Platform is owned by Barriq Jjewels Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 17/18 Kapur Mansion, N.S Patkar Marg, Next to Dharam Palace, Mumbai 400007.

BY ACCESSING, BROWSING OR OTHERWISE USING THE BARRIQ PLATFORM AND AVAILING THE SERVICES, YOU ARE AND YOU EXPRESSLY AGREE TO BE GOVERNED BY THESE TERMS OF USE, INCLUDING THE APPLICABLE POLICIES WHICH ARE INCORPORATED HEREIN BY WAY OF REFERENCE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU ACCESS OR TRANSACT ON THE BARRIQ PLATFORM, YOU SHALL BE SUBJECT TO THESE TERMS OF USE AND THE POLICIES HEREUNDER THAT ARE APPLICABLE TO THE PLATFORM.

For the purpose of these Terms of Use, wherever the context so requires “you” or “User” shall mean any natural or legal person who browses or uses the Barriq Platform; and Barriq and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

The information, Products and Services including but not limited to communications tools, forums, shopping services, search services offered on the Barriq Platform or through other mediums, whether now known or hereafter developed, are solely for the User’s information and subject to the User’s acceptance of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice.

The User’s use of the Platform and/or Services is subject to the additional disclaimers and caveats that may appear throughout the Barriq Platform. Barriq, its affiliate companies, associate companies, group companies, subsidiaries, employees, directors, officers, agents, consultants, contractors, advisors, accountants, service providers and/or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, Services, Products and other materials offered on the Platform. While Barriq strives to keep the information relating to the various Services and Products offered on the Platform accurate, complete and up to date, Barriq, its subsidiaries, affiliates, associate companies, group companies, subsidiaries, employees, directors, officers, agents, accountants, consultants, advisors, contractors, service providers and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timeliness of the information.

Barriq may change, suspend and/or discontinue any Service or Product at any time, including the availability of any feature, database, and content on the Barriq Platform. Barriq may also be constrained to impose limits on certain features and Services and/or restrict a User’s access to parts and/or all of the Services without notice to and/or any liability towards such User, in certain exigent situations.

These Terms of Use may be amended or updated by Barriq from time to time pursuant to any legal requirement, statutory amendment or change in the nature of Services and/or Products, etc. Once the Terms of Use are amended or updated, Barriq will release the updated terms of the Terms of Use on the Barriq Platform. The updated Terms of Use will effectively substitute the original Terms of Use. The User may visit the Platform to review the latest version of the Terms of Use.

These Terms of Use are important because:

They outline the User’s legal rights and obligations vis-à-vis Barriq;
Explains the specific terms upon which the User may use the Services offered or purchase the Products on the Platform;
Describes the rules that need to be followed when using the Services and purchasing the Products offered on the Barriq Platform; and
Describes the rules that need to be followed when using the Services and purchasing the Products offered on the Barriq Platform; and
your residential address;

General

1. Definitions

The words and phrases used in this Terms of Use are defined as under unless repugnant to the context or meaning thereof:

1.1. “Customer” shall mean any natural or legal person who transacts on the Platform by purchasing Products and completes such transactions through the Platform.
1.2. “Force Majeure Event” shall mean any act of god, lightening, flood, drought, earthquake, landslide, worldwide financial crisis, hurricane, cyclone, typhoon, pandemic/epidemic, famine, extremely adverse weather conditions, fire, explosion, chemical or radioactive contamination, ionising radiation, volcanic eruption, riots or civil disturbance, war (whether declared or undeclared), act of public enmity, terrorist act, military action, lockdown, curfew declared by government or regulatory order/notification, other action of government/other authorities, court order, or industry-wide/ region-wide/ nation-wide strike.
1.3. “Grievance Redressal Portal” shall mean the grievance redressal portal of Barriq Platform maintained at the following URL: https://barriq.in/contact
1.4. “Redressal Officer” shall mean Mr. Vishwam Jhaveri, Director at Barriq.
1.5. “Barriq Platform” or “Platform” means the e-commerce platform at the URL https://barriqjewels.com(as defined above), on which the User may avail the Services and/or purchases any Products.
1.6. “Products” includes jewellery ornaments such as necklace, necklace sets, earrings, rings, bracelets, bangles, chains, accessories made of alloys of gold, platinum, silver and/or other precious/semi-precious metals. The jewellery ornaments may or may not be studded with natural/synthetic stones which may or may not be precious or semi-precious, which may or may not have undergone treatment; and silver coins, gold coins, gold articles, etc.; each of which may from time to time be offered for sale on the Platform.

2. Acceptance of the Terms

2.1. Each User must read the Terms of Use very carefully. By accessing the Barriq Platform or using the Services and/or making an Account (as defined below) and/or by viewing and/or accessing any Products and/or purchasing any Products, the User represents and warrants that he/she has read the Terms of Use and agrees to be bound by the same and all terms incorporated by reference. If any User does not agree with all or any of the use requirements and restrictions described herein, the User shall not use or be entitled to use and/or access the Platform and/or purchase the Products.

2.2. If a User is using the Services on behalf of any corporate entity, such User represents and warrants that such User is authorized to accept the terms and conditions set forth in the Terms of Use on such entity’s behalf, and that such entity agrees to be bound by this Terms of Use and indemnify Barriq for any violations of the Terms of Use. By agreeing to the Terms of Use, the User also agrees to the Privacy Policy and/or such other policies as may be established or introduced by the Barriq from time to time.

2.3. Other than as provided in Clause 2.2., the account can only be used by the individual in whose name the account has been created. The individual shall not allow any other person to use the account on their behalf. The User shall not use any bot, script or artificial intelligence tool to access the account or undertake any transaction through the account.

2.4. The User is required to review the Terms of Use thoroughly and verify whether the Terms of Use is complete, prior to using the Services and/or purchasing any Products. In case any User finds any error in the Terms of Use, the User may communicate with us in writing at the address provided in Clause 17 of these Terms of Use.

3. Software Requirements

3.1. The use of the Barriq Platform requires one or more compatible devices, internet access (usage fees as prescribed by the ISP may apply), and certain software (license fees for use of such software may apply) and may require obtaining updates or upgrades from time to time. High-speed internet access is recommended to avail the best experience of the Barriq Platform.

3.2. Since use of the Barriq Platform involves hardware, software and internet access, the User’s ability to access and use the Barriq Platform may be affected by the performance of the aforesaid factors. The User acknowledges and agrees that such system requirements, which may be changed from time to time are the User’s responsibility.

4. User Eligibility

4.1. Use of the Platform is permitted only to persons who are legally competent to contract and can enter into legally binding agreements (i) as per the terms of the Indian Contract Act, 1872, if the User is situated in India, and (ii) as per the terms of the relevant law if the User is situated in any other country, territory and/or jurisdiction.

4.2. Persons who are “incompetent to contract” including but not limited to minors, un-discharged insolvents etc., are not eligible to use, access or transact on the Barriq Platform.

4.3. If a User is under 18 years of age in India and/or under the minimum legal age required for entering into a valid and enforceable contract, as per the law of the relevant jurisdiction of the User, the User may use the Platform only under the guidance and supervision of the parent or legal guardian of the User. Barriq reserves the right to refuse service, terminate accounts, remove, or edit content or cancel orders at its sole discretion, if Barriq is of the opinion in its sole discretion or it is brought to the attention of Barriq, that the User is either underage and/or does not fulfil the legal requirements for entering into a valid contract.

4.4. Users accessing the Barriq Platform from outside India in any manner are responsible for ensuring compliance with all relevant local laws as may be necessary to be complied with by the User.

5. Access to the Barriq Platform

5.1. The Platform is operated by Barriq and is intended for worldwide use by Users. Users are entitled to browse through the Barriq Platform and discover, understand and familiarise themselves with the different kinds of Products being offered on the Barriq Platform. However, as more particularly set out in Clause 18, access to certain parts of the Barriq Platform is available only to a select category of Users.

5.2. Barriq shall attempt to ensure that the availability of access to the Barriq Platform is uninterrupted, virus free and error-free. However, due to the inherent nature of internet communications, this cannot be guaranteed. The User’s access to the Barriq Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services at any time without prior notice. The User acknowledges and understands that such repair and maintenance services are essential for the seamless access of the Barriq Platform.

6. Creation of User Account

6.1. While access to the Platform does not require any prior registration or creation of account, in order to purchase any Product from the Barriq Platform or to add any Products in the ‘My Cart’ or ‘My Wishlist’ segment of the Platform, the User shall be required to create an account on the Barriq Platform (“Account”) by filling out the form available on the log in page of the Barriq Platform. To create an Account, the User will be required to provide the following information:

6.1.1 First name;
6.1.2. Last name;
6.1.3. Email address;
6.1.4. Mobile number;
6.1.5. Gender;
6.1.6. Residential Address;
6.1.7. Date of birth;
6.1.8. Password;
6.1.9. Password confirmation; and
6.1.10. One-time password required for verifying the credentials of the User.

6.2. Registration is only a one-time process and if a User has previously registered and created an Account on the Barriq Platform, he/she shall login into his/her Account and will not be required to re-create such Account, unless such Account is inaccessible due to inter alia the Account being hacked, access to such Account being restricted by Barriq for any reason and/or the failure on the part of the User to retrieve/access the password of the Account. In the aforesaid cases, the User will be required to create a fresh Account for transacting on the Barriq Platform.

6.3. The User is responsible for maintaining the confidentiality of the Account created on the Barriq Platform, along with the display name and password associated with the Account. The User agrees to be responsible for the usage of the Account and accepts responsibility for all activities that occur through the Account. The User agrees to take all necessary steps to ensure that the password to the Account is kept confidential, secure and safe and undertakes to inform Barriq immediately if the User has any reason to believe of any unauthorised access or any unauthorised use of the Account.

7. Deletion of User’s Account

7.1. A User may choose to delete their Account by way of clicking on the “Delete Account” prompt on the “My Account” page on the Barriq Platform. Upon clicking of “Delete Account” and on confirming the same, the identified Account will be deleted within 30 days and the User will lose access to all their data including order history, saved payments details, etc.

7.2. The User hereby acknowledges that post the deletion of the Account, the deleted data may not be recoverable, and the User bears the risk associated with such action. Further, the User understands that Barriq may store and preserve such deleted data of the User on its servers for a certain period if required to comply with applicable laws.

7.3. Users must note that orders placed by the Users prior to the time of deletion, if any, will be delivered and the User will be required to remit complete payment in respect of such Product. However, we will be unable to process any request for return/ exchange of the Product from the User once their Account is permanently deleted.

7.4. Barriq reserves the sole right to delete the account of any particular User and/or Preference User (as defined hereinbelow), if such person is suspected of being engaged in or is found to be engaged in any illegal or nefarious activities, including but not limited to violation of any of the terms of the Terms of Use, infringing or violating any Intellectual Property (as defined hereinbelow) owned by Barriq, suspected copying, imitating or replication of any designs of the Products listed on the Barriq Platform and fraudulent use of the Barriq Platform, in any manner whatsoever.

8. User Conduct

8.1. The Users of the Platform shall at all times ensure that they are accessing and using the Barriq Platform in a manner that is in accordance with applicable laws and shall not at any time, whether directly or indirectly, undertake, support or aid the undertaking of any of the following activities which may cause the Barriq Platform to be interrupted, damaged or impaired in any manner:

8.1.1. utilising the Barriq Platform for fraudulent purposes, or in connection with any criminal offense or other unlawful activity or in a manner not permitted by the Platform;
8.1.2. sending, using or reusing any material that does not belong to the User; or is illegal, unlawful, is offensive (including but not limited to material that is sexually explicit content which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark and/or patent of any third party, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign states or public order or violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; or infringes upon Barriq’s Intellectual Property, or violates, causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to another nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, political campaign, for promoting the products/services of any other brand, commercial solicitation, unauthorized advertising, chain letters, mass mailings or any spam;
8.1.3. imposing an unreasonable or disproportionately large load on the servers or infrastructure of the Barriq Platform or accessing the Barriq Platform in a manner that could disable or impair the Platform or the servers on which the Platform is hosted;
8.1.4. using any device, software to interfere or attempt to interfere with the proper working of the Barriq Platform or any transaction being conducted on the Barriq Platform, or with any other User’s use of the Barriq Platform;
8.1.5. deceiving or misleading the addressee about the origin of messages; and
8.1.6. using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Barriq Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Barriq Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Barriq Platform. Barriq at all times reserves the right to bar any such activity.

8.2. The User shall ensure that information supplied on the Barriq Platform, including without limitation the User’s name, email address, residential address, telephone number, mobile number, credit/debit card and/or any other payment instrument number and other payment details is true, correct, accurate and complete. Barriq shall at all times be entitled to rely on such information. In the event the User has provided any incorrect details, as a result of which Barriq is unable to deliver any Product to the User, any additional costs incurred in relation to return to Barriq or the re-delivery of the Product to the User shall be borne by the User himself/herself.

8.3. In the event of any change in the information provided in Clause 8.2, the User shall promptly update its information on the Barriq Platform. If the User is unable to update such information on the Barriq Platform, the User shall promptly notify Barriq of such change in information. Further, if any additional information is sought by Barriq at the time of accepting the order, processing the order or delivering the Product of the User, the User shall promptly and no later than 2 days from the date of such request by Barriq provide such additional or incremental information. The User shall ensure that the additional information being provided is true, accurate, correct and complete in all respects.

8.4. The User agrees and acknowledges that if any of the information and/or details furnished by the User are found to be false (partially or completely) or inaccurate or incomplete or if Barriq has reasonable grounds to suspect that such information is false, inaccurate, incomplete or not in accordance with these Terms of Use, Barriq reserves the right to cancel the Product, indefinitely suspend or terminate the User’s Account and/or refuse to provide the User access to the Barriq Platform without any prior intimation whatsoever.

8.5. The User shall, prior to placing any order on the Platform, ensure that the User has undertaken a due and careful inquiry of the Product including its characteristics, features, usage and description as mentioned on the Barriq Platform to ensure that the Product being ordered is as per the User’s requirement. In the event the User has any questions or requires any clarifications in relation to the Product, the User can contact Barriq at the co-ordinates provided in Clause 17. The User agrees and acknowledges that once an order of a Product has been placed the User shall not be entitled to take any defence to state that he/she was unaware of or was under a mistake as to the features, character or description of the Product being ordered.

9. Representations and Warranties

9.1. The User represents and warrants the following:

9.1.1. he/she has the requisite rights and powers to share the relevant information on the Barriq Platform and such sharing of information by the User will not amount to an unauthorised disclosure of information or infringe on the rights, powers or privileges of any third party.
9.1.2. he/she is of valid age and sound mind and is competent as per law to enter into a valid and binding contract with Barriq. In the event the User is underage, the User represent and warrants that they are accessing and using the Platform with the prior consent and/or under the guidance of their parents or legal guardian, as the case may be.
9.1.3. there is no notice in writing, lawsuit, arbitration, or legal, administrative, criminal or other proceedings or governmental investigation in relation to money laundering pending against such User or to the User’s knowledge threatened against such User.
9.1.4. he/she has the necessary financial wherewithal, immediate sources of cash or adequate lines of credit to pay for the Product as and when required as per the Terms of Use.
9.1.5. he/she is purchasing the Product as a retail customer for his/her personal use and consumption or for the use of his/her family and/or friends and is not purchasing the Products for resale, whether wholesale or retail, or for any other commercial purpose. In the event, the User proposes to purchase any Product for commercial purposes, the User shall be required to obtain the prior written consent of Barriq.

10. Disclaimers

10.1. Barriq disclaims all representations and warranties, including implied representations and warranties in relation to merchantability, durability, fitness, quality, suitability, accuracy, reliability, completeness, performance or legality of the Products and the User shall exercise his/her due judgment, skill, care and prudence prior to purchasing the Product. At no time shall Barriq have any obligations or liabilities in respect of any transactions undertaken through the Barriq Platform.

10.2. While, Barriq has used it best efforts to ensure that the visual images and representations of the Products being displayed on the Platform are accurately representative of the colours, designs, style and intricacies of the original Products that would be delivered to the Customers, there may be a variation, modification, distortion or difference in the Product that may be delivered to the Users/Customers due to various factors, including but not limited to, the manufacturing process involved, the lighting, aesthetic representation, retouching of images, colour scheme, background of the Products displayed on the Platform, size, features and structural built of the models wearing the Products displayed on the Platform, quality of internet utilised by the User, inherent issues with the device being used to access the Platform, technical issues on the Platform, if any. Barriq disclaims any responsibility, liability, obligation or duty in relation to any such variation, modification, distortion or difference.

10.3. The price breakup and aggregate price of the Products as listed on the Platform are only indicative and representative in nature and may at the time of placing the order undergo revision, modification or changes based on the amount or quality of gold, precious metal or studded gems actually utilised in the Product and the price of such material prevailing on the day on which the order is being placed by the User. The price of precious metal for each day will be determined and set by Barriq and may not be as per the price or rate of precious metal as may be set by the Multi Commodity Exchange or the Indian Bullion and Jewellers Association. Users to exercise due caution in this regard prior to placing an order on the Barriq Platform.

10.4. The aggregate price of the Products listed on the Platform is indicative and is based on quantity of any precious or semi-precious metals or stones used and the labour charges involved in manufacturing the Products. In the event the User requires any customisation or personalisation to such Product, including but not limited to, any change in the height, width and/or thickness of the Product, or engraving any initials on the Product, or requiring any particular product to be made for a specific occasion or celebration of the User, there may be an increase in the price, charges, weight of the Product and Barriq reserves the right to charge a modified price in relation to such Product. The User shall be solely and exclusively required to bear any such increase in the price relating to such Product.

10.5. All the pieces of jewellery manufactured by Barriq are precious and bespoke items and in certain circumstances there may be a slight variation in Product that is manufactured and the Product that is listed on the Platform and in the price of the Product, due to variations in inter alia weight of gold, diamonds, precious stones, etc used to manufacture the Product.

10.6. All the pieces of jewellery listed on the Platform are extremely precious and delicate in nature, requiring due care and attention during usage and storage. Any damage, impairment or defect to the Product due to reasons not attributable to Barriq, including but not limited to mishandling the Product by the Customer or the Customer not using the Product in accordance with the https://barriq.in/jewelry-care-guide provided on the Platform shall be the sole responsibility and liability of the Customer and Barriq shall not be required under any circumstances to exchange, buy back or refund any amount in respect of such Product. Barriq shall have the sole right to examine the Product and asses the reason for the damage and defect of the Product. The assessment of Barriq vis-a-vis such damage shall be binding on the Customer.

10.7. Barriq reserves the right to limit the sale of its products to such territories, geographies or jurisdiction as it may determine and may limit the quantity of any Products or Services that are offered in a particular geography. Barriq shall, in no manner, be liable if an order placed by a User in a geography wherein Barriq does not deliver is cancelled or refused.

10.8. The Barriq Platform is designated for individual retail transactions. In the event that an order is identified as being acquired or utilized for the purpose of resale, or if the purchase constitutes a bulk acquisition surpassing 3 units, Barriq reserve the right to cancel such orders.

10.9. Barriq reserves the right to cancel any order placed by any User without providing any explanation for such cancellation, in case Barriq is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with these Terms of Use or for any other reason it may deem fit. Barriq will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time and any applicable refund will be made in accordance with the Return or Exchange Policy.

10.10. The delivery timeline of every Product mentioned by Barriq on the Platform is indicative and is based on reasonable commercial estimates of Barriq and the delivery partners. Barriq will make every effort to deliver the Product within the stipulated timeline, however Barriq disclaims any kind of responsibility for any delays or glitches in the delivery of the Product within the stipulated timeline. Barriq shall neither be responsible nor liable in the event of any dispute between the User and the third-party delivery partner nor shall Barriq be liable for paying the User any kind of compensation (whether monetary or otherwise) in this regard.

10.11. Barriq and/or its affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default caused by any Force Majeure Event and/or failure or default by the User or the User’s wireless carrier.

10.12. The User expressly agrees that use of the Platform is at the sole risk of the User. The Platform is provided on an “as is” and “as available” basis and Barriq does not guarantee any uptime or uninterrupted access to the Platform. The access to Platform may be interrupted for any reason including unforeseen technical glitches, the Platform being down for maintenance, server errors, speed of website download, any viruses in the Platform etc., which may affect the ability of the User to purchase a Product at a particular time.

10.13. Barriq has used its best efforts to provide the most accurate, up-to-date information on the Platform. However, the information, materials, products, and services available on the Platform may inadvertently include inaccuracies, typographical errors, pricing errors or outdated information. The Barriq reserves the sole right to update such information from time to time and in the event any orders are placed by the Users based on such outdated information or pricing error, Barriq shall immediately upon becoming aware of such notice, notify the User and in the event the User refuses to buy the Product based on such updated information or prices, Barriq shall have a right to forthwith right to refuse or cancel such order.

10.14. To the maximum extent permissible by applicable laws, in no event will Barriq and/or its affiliates be liable to the User/Customer for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or loss incurred or suffered by the User including but not limited to loss of opportunity or any pure economic loss (in each case, whether such loss is direct or indirect) whether or not the damages are foreseeable, and/or whether or not the User has been advised of the possibility of such damages in advance. Notwithstanding anything contained herein, under no circumstance shall Barriq’s liability to the User for any loss, liability, claim, demand, and/or action exceed the amount paid by the User to Barriq for the purchase of the Products.

10.15. Barriq shall not in any manner be responsible or liable for the truthfulness, accuracy and completeness of the information provided on the third-party websites and Barriq does not in any manner endorse, control, review or examine such third-party websites and in the event the User decides to access such third-party websites the User may do so at his/her own risk.

10.16. In the even the User is subject to any allergic reaction, skin irritation, rashes or any side-effect due to any reasons including but not limited to sensitivity of the User’s skin, allergy towards any substance used in the Products, and/or allergy from the chemicals used in polishing the Product, Barriq shall not be responsible for the same.

11. Contract of sale

11.1. Listing and displaying a Product by Barriq on a Barriq Platform is an invitation by Barriq to the Users to make an offer for purchase of such Product. Likewise, the placement of an order by the User on a Barriq Platform is such User’s offer to purchase the relevant Product(s) from Barriq.

11.2. Once an order has been placed for purchase of a Product, the Customer will receive an e-mail and/or message on their registered email-id and/or number confirming receipt of the order and containing the details of the order. Such communication is merely an acknowledgement that Barriq has received the User’s order and does not signify any acceptance. Barriq may upon confirmation of the order send a communication in this regard to the User vide an email and/or message to the registered email ID and/or mobile number of the User. If the order is dispatched in more than one package, the User will receive separate confirmations for each package, and each confirmation and corresponding dispatch will conclude a separate contract of sale for each Product.

12. Intellectual Property

12.1. The Barriq Platform, its name, trademark, device mark, logo, software, source code, along with all material on the Platform, including but not limited to images, text, illustrations, designs, creations, icons, photographs, design rights, works of artistic craftmanship, engravings, prints, programs, music clips, video clips, written materials, product information, operations, processes and proprietary information that are part of the Platform (collectively referred to as “Intellectual Property”) is the sole property of Barriq and Barriq reserves all right, title and interest in all such Intellectual Property. Barriq grants to each User a limited and non-exclusive license to access the Barriq Platform for their personal, non-commercial use only. No right, title or interest of any nature is provided to the User in respect of the Intellectual Property.

12.2. Users are explicitly prohibited from engaging in the systematic extraction or re-utilization of Intellectual Property belonging to Barriq without obtaining the express written consent of Barriq. No User shall reproduce (except with the prior written consent of Barriq), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property. Users are expressly prohibited from establishing and/or publishing any database of their own that incorporates any portion of the content available on Barriq Platform without obtaining the explicit written consent of Barriq. Failure to adhere to these terms may result in legal action being pursued by Barriq to protect its rights and interests.

12.3. In the event Barriq becomes aware of any breach of any of the terms and conditions of this Clause, Barriq shall be entitled to pursue all rights available to it under law and/or equity, including but not limited to, suspending the User’s access to the Barriq Platform, requiring the User to immediately destroy all copies of Barriq’s Intellectual Property in his, her possession, custody or control and initiating such legal proceedings, as it may be advised.

13. Indemnity and release

13.1. The User shall indemnify, defend and hold harmless Barriq, its affiliates, and their respective officers, directors, consultants, agents, employees and representatives, from and against any claim, loss, liability or demand, or actions (including reasonable attorney’s fees), made by any third party or penalty imposed due to or arising out of such User’s access to or use of the Barriq Platform or breach of these Terms of Use, Return or Exchange Policy, Privacy Policy or any document incorporated by reference, or the User’s violation of any law, rules, regulations or infringement of any Barriq’s Intellectual Property or other rights of Barriq or the rights of a third party.

14. External/Third-Party Links

14.1. External links to third-party websites may be provided on Barriq’s website for the convenience of its Users. These third-party websites, however, are beyond the control of the Barriq and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at the User’s own risk. These external/third-party links are offered only as a convenience as they may be of interest to the User, but Barriq does not actively monitor or endorse the content on these websites.

15. Governing Law and Jurisdiction

15.1. These Terms of Use shall be construed in accordance with the applicable laws of India. The courts at Mumbai shall have exclusive jurisdiction over any proceedings arising out, in relation to or in connection with the Terms of Use.

16. Grievance Officer

16.1. In the event of any questions about the terms of these Terms of Use or the Platform, please contact the (Grievance Officer and the Nodal Officer of Barriq) Mr. Vishwam Jhaveri at hello@barriqjewels.com. Your grievance, if any, will be redressed within the period prescribed under applicable law.

17. Contact Us

Vishwam Jhaveri at hello@barriqjewels.com

Specific Terms and Conditions

18. Features of the Platform

18.1. The Barriq Platform has mainly 2 different sections, namely Barriq World and Barriq Plus. A brief description of the different sections on the Barriq Platform is as follows:

18.1.1. Barriq World: The default landing homepage for any User accessing the Barriq Platform (even Users who have not created an Account on the Barriq Platform) will be the ‘Barriq World Page’. The Barriq World Page consists of various kinds of Products at different price ranges. The Products are further segregated into different categories, collections and types. These collections allow Users to explore and browse through the exquisite and intricate craftsmanship of Products being offered by Barriq. The Barriq World page also provides to Users the options to build and customise Products for special occasions, such as engagements, anniversary, housewarming, baby shower, graduation and/or any other festive celebration, etc.
18.1.2. Barriq Plus: The Barriq Plus section or the high jewellery section is available only to certain select Users (“Preference Users”). The Preference Users would be selected by Barriq based on the certain eligibility criteria as may be stipulated by Barriq from time to time. The Preferences Users will be required to create an Account on the Platform in the manner provided in Clause 6 and thereafter make a request for access to the Barriq Plus section. Barriq reserves the sole right to determine, select and provide access to Preference Users. Once the request of the Preference Users has been accepted, the Preference Users would be entitled to explore and browse through the entire Platform i.e. Barriq World and Barriq Plus. The Barriq Plus section allows Preference Users to discover Barriq’s high jewellery collections.

19. Product availability

19.1. All orders placed on a Barriq Platform are subject to the availability of relevant materials to manufacture the Product, such as availability of specific quality and size of stones, diamonds etc, acceptance of the User’s offer by Barriq as per Clause 11 and the User’s continued adherence to these Terms of Use.

19.2. Barriq cannot offer more precise details in relation to the Product beyond what is explicitly stated on the Platform. Throughout the processing of the Customer’s order, the Customer will receive notification via email and/or mobile communication in the event that any Product(s) the Customer has ordered are determined to be unavailable or out of stock.

20. Product Certifications:

20.1. All Products offered by Barriq will either be accompanied with a certification or contain a hallmark indicating its purity, wherever required as per applicable law.

21. Product Pricing

21.1. Prices of the Products will be determined by Barriq after considering various factors including but not limited to design of the Product, prevailing price of, precious/semi-precious metals, precious/semi-precious stones, labour charges, CGST/ SGST/ IGST, and payment gateway charges as may be applicable on the Products. As stated in Clause 10.3, the price of precious metals will be determined by Barriq. In case of international orders, the price of the Products shall be inclusive of shipping charges, custom duty and taxes/charges, if any, levied by the destination country.

21.2. The prices on the Platform will appear in INR (Indian Rupees). In case of international orders, payment shall be subject to applicable laws and terms and conditions of the payment gateway.

21.3. The price of the Products in the User’s shopping cart on the Barriq Platform reflect the most recent price of the said Product. Placing a Product in the shopping cart does not secure the price of a Product. The price of a Product in the cart may vary over time. The prices on the Platform are subject to change without prior notice to the User. The price that would be charged to the User would be the price prevailing as on the day of the order being placed by the User.

21.4. The User will be entitled to purchase Products using the cash on delivery option only in respect of orders where the cumulative price of all Products being purchased is below INR 2,00,000 or such other amount as may be notified by Barriq from time to time in accordance with applicable law. In respect of all other Products, the Users will be required to make payment of the entire purchase price of the Product at the time of placing the order on the Platform. Only upon receipt of such consideration will the order be processed.

21.5. In the event the price of the Product undergoes any addition, revision as stated in Clause 10.3 to 10.5, Barriq shall immediately bring such addition, revision or modification to the attention of the User, and only upon the User depositing such additional charges with Barriq, will Barriq continue with the manufacturing of the Product. In such cases, the tentative date stipulated for delivery of the Product may be accordingly revised and a fresh delivery date will be notified to the User upon the User depositing the additional payment.

21.6. In the event the cumulative price of any Product(s) purchased by the User from the Barriq Platform, amounts to or equals INR 50,000, the User shall provide to Barriq such information or documentation as may be required by Barriq. Further, for any transaction on the Barriq Platform amounting to or exceeding INR 2,00,000, it is mandatory for the User to email a scanned copy of the User’s PAN card at the co-ordinates provided in Clause 17 at the time of completing the purchase. Barriq will review the PAN card details provided by the Customer for verification purposes. The billing name provided during the order must match the name on the PAN card. If there is a discrepancy, the PAN card verification will not be successful, and the User shall be immediately notified to rectify such mismatch. Once the PAN card verification is successfully completed and the billing name matches the PAN card details, the order will be confirmed and processed.

21.7. Failure to provide the PAN card or any other documentation as may be requested by Barriq will result in the cancellation of the transaction. The User will be immediately and no later than within 2 business days be notified of such cancellation. It is important to note that the submission of the PAN card is a one-time obligation; if it has already been provided by the User, there is no need for resubmission.

22. Payment Terms

22.1. Barriq provides a range of payment options and reserves the right to add or remove these options without prior notice. The payment options available through the Razorpay payment gateway provider, collectively referred to as “Payment Options”, include:

22.1.1. Payment through net banking facilities;
22.1.2. Payment through select credit cards;
22.1.3. Payment through select debit cards;
22.1.4. Cash on delivery;
22.1.5. Payments through prepaid payment instruments and electronic wallets; and
22.1.6. Any other payment option provided by Barriq from time to time.

22.2. It is explicitly clarified that Barriq has the discretion to accept or reject the User’s payment through a particular Payment Options for any reason, including security, issues faced on a particular Payment Option, etc.

22.3. When using Payment Options, the User agrees to provide correct, complete, and accurate financial information to Barriq’s third-party payment gateway provider Razorpay. The User must use only lawfully owned or authorized credit/debit cards or prepaid instruments. The User is solely responsible for the security and confidentiality of the User’s financial information. Barriq disclaims any liability arising from unauthorized use of the User’s financial information and/or identity.

22.4. Barriq is not responsible and assumes no liability for any loss or damage suffered by the User due to:

(i) lack of authorization for any transaction, including those on gift cards and vouchers issued by Barriq;
(ii) exceeding the credit/debit limit agreed between the User and the bank issuing such credit/debit card;
(iii) payment issues arising from technical glitches during a transaction; or
(v) transaction being declined for reasons beyond Barriq’s control.

22.5. To complete a transaction through the debit/credit card method on the Platform, the User will have to enter their 16-digit debit/credit card number along with the 3-digit Card Verification Value (CVV) code located on the back of such card. Barriq currently accepts all Indian VISA and MasterCard cards. In compliance with the Reserve Bank of India’s regulations, an additional layer of authentication has been implemented known as Verified by VISA (VBV) or MasterCard Secure Code (MSC), wherein the User will after setting out the aforesaid details be required to enter a one-time password during an online payment, after which the payment will be appropriately processed and debited from the account of the User and credited to the account of Barriq. Only once the aforesaid relevant accounts have been debited/credited with the price of the Product, will the order be deemed to have been placed.

22.6. Barriq reserves the right to establish limits on the number of transactions the User may undertake on the Platform. Should the User surpass these transaction limits, Barriq retains the right to decline processing such transactions. Transactions originating from Users with suspicious or questionable transaction histories on the Platform may also be refused or blocked. In cases where the Platform is dissatisfied with a User’s credibility or the genuineness of a transaction on the Platform, Barriq has the right to reject the transaction, delay the dispatch of purchased Products, or cancel the entire purchase at its discretion. The User acknowledges that Barriq is not liable for any damages, interests, or claims resulting from the decision to not process a transaction or the delay in processing a transaction due to the User’s suspicious activity on the Platform.

22.7. In case of any unauthorized purchase on Platform using the User’s financial information the User is required to report such incident to Barriq immediately and no later than 48 hours of such incident coming to the knowledge of the User to enable Barriq to initiate investigations.

23. Delivery Schedule

23.1. Once the payment of the Product has been completed, the User will on his/her registered email-id and/or number receive a tentative delivery date/time. It is imperative to recognise that dispatch estimates are indicative rather than assured dispatch times and should not construed as such. Customers shall note that the delivery of products which are customised and/or are out of stock may be subject to a longer delivery period. The standard delivery time for domestic orders (i.e. products to be delivered within India) is 7-28 days and for international orders (i.e. products to be delivered in USA) is 15-45 days from the date the payment is received, and order is confirmed by Barriq. In the event the delivery of any international order is delayed due to inter-alia any order, decree, judgment, notice or direction from any court, tribunal or governmental authority, Barriq shall not be liable for such delay.

23.2. The User can track their order through the ‘Track Your Order’ section on the Platform that shall take them to the portal of the courier and logistic partner used by Barriq for delivery. In case of international orders, the User shall provide all necessary assistance and paperwork as may be required by Barriq or by applicable law. Further, the Users shall be responsible for the payment of any additional shipping charges, custom duty and taxes/charges, if any, levied by the destination country.

23.3. The logistics partners of Barriq are Sequel Logistics Private Limited and BVC. Any change in the logistics partner will be communicated to the User.

23.4. Barriq shall, on a best-effort basis, send the User notifications and reminders with respect to scheduled deliveries of the purchased Products. Barriq bears no responsibility for any failure to send such notifications or reminders.

23.5. At the time of delivery of the Product, the Customer to furnish to the delivery partner a valid identity proof of the User or the receiver of the Product and a one-time password that would be received by the User on his/her registered mobile number in order to authenticate the identity of the User or the receiver.

23.6. Barriq shall in no manner be held liable or responsible in the event there is any delay of any kind in the delivery of the Product due to failure of the User to make the necessary payment and/or deposit the necessary charges, as may be communicated by Barriq.

23.7. In the event the delivery of the Product has been impacted, prevented or hindered due to the occurrence or prevalence of any Force Majeure Event, Barriq shall not be held liable for responsible due to any failure or delay in delivering the Product.

24. Made to order Jewellery

24.1. The Users can avail the option of customising any of the Products listed on the Platform or getting a particular Product manufactured in accordance with the specific design, taste, measurements and requirements of the User. For the purpose of availing such Services, the Users must select the ‘Contact Us’ section on the Platform, fill in certain required details such as name, address, mobile number, city, preferred mode of contact (email or call) and a brief description of the specification or customisation required. Thereafter, a representative from Barriq will attempt to contact the User to assist the User with his/her Order.

24.2. In the event, any of the Products that the User has placed an order for are not in ready stock, Barriq may agree to manufacture such Product for the User. In such case the product shall be deemed to be “made to order” Product for the User.

24.3. Upon finalisation of the Product, including its design, specifications, materials and customisation, the Customer will receive an e-mail and/or message on their registered email-id and/or number confirming receipt of the order and containing the details of the order. Upon the Customer confirming such email and/or message (“Customer Confirmation”) and making payment of the requisite advance amount to Barriq, Barriq will commence manufacturing the Product.

24.4. No return, exchange, refund or cancellation will be permitted in case of made to order jewellery. The Customer will be entitled to make any additions or modifications to such made to order jewellery at its own cost and expense, and Barriq will not be responsible or liable in respect of any defect or deficiency in respect of such Product, unless such defect is solely attributable to Barriq.

25. Cancellation Procedure

25.1. Barriq does not accept cancellation of an order by the User once the same has been delivered to the User. Barriq requests all Users to review the Product details carefully prior to placing an order and making the requisite payment. Once the Product has been delivered to the User, the User can only return or exchange the product under the limited circumstances as per the terms of the https://barriq.in/return_and_exchange_policy

26. Repair Services

26.1. In the event any Product purchased by the Customer requires any repair or maintenance services, including but not limited to, replacement of any diamonds, coloured gemstones or rubies, refurbishing any jewellery, fixing any broken earring, bangle, necklace or other jewellery, or undertaking any customisation at the request of the User; the User can drop an email to Barriq at contact details provided in Clause 17 and thereafter visit the stores as indicated by the customer care service, with the original invoice and certifications to demonstrate that the Product has been purchased from Barriq.

26.2. Barriq does not offer any warranty or free repair period in respect of any of its Products and all repairs and refurbishments will be required to be undertaken by the User at its own cost, charges and expenses.

26.3. Barriq shall, prior to undertaking any repair or refurbishment of the Product, thoroughly inspect the Product as per its standard procedures and requirements to ensure that the Product offered for repair is the Product that had been delivered by Barriq to the particular User and the Product has not been replaced, altered, modified, remodelled or reworked in any manner.

26.4. Upon examining the Product, Barriq will communicate to the User the indicative price that would be charged for repairing the Product. Upon the User confirming such indicative price and making the necessary advance payment as required by Barriq, Barriq will commence repairing/refurbishing the Product as may be required. The Product shall be repaired and returned to the User by such date as may be communicated by Barriq to the User. Users to note to that such price is only indicative and representative and is subject to revisions basis actual work undertaken by Barriq.

26.5. Upon return of the Product, the User shall pay the remaining amount of repair charges to Barriq. Barriq shall not be liable for any changes, alterations or damage that may be caused to the Product due to repairing or refurbishing the Product as per the instructions of the User. The User shall in all such cases be liable to make full payment of the repair charges to Barriq.

27. Barriq Loyalty Program

27.1. The Barriq Loyalty Program is a card-less loyalty programme offered by Barriq to any Customer that purchases any Product from the Platform and/or to a Referred User.

27.2. A member of the Barriq Loyalty Program is entitled to earn reward points equivalent to the net purchase price of the Product arrived at after deducting all applicable taxes, discounts, coupon codes, previous reward points if any redeemed, for example, for every INR 1,000 spent by a Customer, a Customer will be entitled to 1000 reward points (“Reward Points”). Accumulated points can be redeemed at on the Platform at INR 0.01 per point.

27.3. A Customer is also entitled to earn Reward Points by referring the Platform to a User who is: (i) not an existing Customer of Barriq; and/or (ii) does not have an existing Account on Barriq (“Referred User”) by sharing the referral link generated on their ‘My Account Page’ on the Website. Upon the Referred User creating an Account on the Platform through the referral link, the Referred User shall be entitled to receive 50,000 Rewards Points. Thereafter, if the Referred User purchases any Product from the Platform, the referring Customer shall be entitled to 100,000 Reward Points.

27.4. Each Customer shall also be entitled to receive 50,000 Reward Points on their birthday as a complimentary gift by Barriq.

27.5. The Reward Points can neither be encashed, nor be transferred to another User’s Account.

27.6. The Rewards Points earned would be valid for a period of 1 year from the date of invoice generation. If the same are not redeemed within a period of 1 year, such Rewards Points will automatically lapse.

27.7. Rewards Points once lapsed or redeemed against a purchase cannot be re-credited or reversed.

27.8. The Reward Points can be partially redeemed multiple times until all the Reward Points are exhausted or the Reward Points expire, whichever is earlier.

27.9. The Reward points will be credited against the registered mobile number of the Customer only upon the fulfilment of the following conditions: (i) lapse of 7 days from the delivery of the Product; and (ii) such Product not being returned or exchanged by the Customer. The Rewards points can be redeemed only after the Reward Points have been credited in the User’s account.

27.10. Benefits derived from Barriq Loyalty Program are exclusively for retail billing customers and cannot be clubbed with special / bulk / corporate/ employee programme or any other discounts or offers.

27.11. The Rewards Points will not be awarded on purchase of gift vouchers. The Rewards Points cannot be redeemed in the same bill in case the member intends to make a payment via gift vouchers / coupons or by applying a discount coupon and/or a promotional offer.

27.12. Barriq reserves the right to add, alter, amend and modify the terms and conditions of the Barriq Loyalty Program at any given time without assigning any reason or to terminate the Barriq Loyalty Program at its sole discretion.

27.13. Barriq reserves the right to disentitle any member from the Barriq Loyalty Program on grounds of misuse, fraud or supplying false or misleading information.

27.14. Barriq is solely responsible for the execution and administration of the Barriq Loyalty Program.

28. Barriq Buyback Policy

28.1. Any Product purchased from Barriq, can at any time, be re-sold by the Customer to Barriq on the fulfilment of the terms and conditions as set out herein. Other than the Products manufactured and sold by Barriq, no other Products will be bought back by Barriq. Provided, however, gold coins and bars shall not be eligible for buyback.

28.2. The Customer may initiate the buyback by contacting Barriq through the ‘Contact Us’ section on the Platform. The Customer will be required to fill in certain required details such as name, address, mobile number, city, preferred mode of contact (email or call) and a brief description of the Product to be bought back. Thereafter, within a period of 7 days from filing in such request, a representative from Barriq will contact the Customer and understand from the Customer the details in relation to the Product to be bought back.

28.3. Thereafter, the Customer can visit any of the stores as maybe indicated by the customer care service, with original invoice and certifications to demonstrate that the Product has been purchased from Barriq or arrange to deliver to the stores (as maybe indicated by the customer care service) the Product and the necessary documentation. In the event of loss of the original certifications, the Customer shall be entitled to bear all costs incurred in relation obtaining the fresh certification.

28.4. The Product will be accepted by Barriq only after due examination for purity, defects, weights, originality, damage, defects, cracks, replacements, alterations, etc. In event of any defect or discrepancy in the Product, it may not be accepted for buyback.

28.5The rates offered for buyback of the Product is as follows:

Elements	Buyback Rate
Gold	100% prevailing metal market rate on the date the Product is offered for buyback
Diamonds	85% prevailing market rate on the date the Product is offered for buyback
Vilandi	80% prevailing market rate on the date the Product is offered for buyback
Rubies, Emeralds and Sapphires	70% prevailing market rate on the date the Product is offered for buyback
Synthetic Stones	-
Kundan	-

28.6. Any other category of Products not mentioned above will be bought back only as per the terms and conditions of Barriq and at Barriq’s sole discretion.

28.7. All labour charges, taxes, and discounts given on the original invoice, will be entirely deducted from the buyback value.

28.8. If Barriq is satisfied that the Product can be accepted for buyback, we will intimate the Customer, thereafter if the buyback price and other terms and conditions are acceptable to the Customer, Barriq will, upon receipt of the Product and all necessary documentation involving original invoice, certification etc., provide to the Customer, the buyback price for the Product vide an email and/or message to the registered email ID and/or mobile number of the User.

28.9. The price of the product bought back will be disbursed by Barriq within 30 to 45 business days from the date on which such buyback price and the corresponding terms and conditions as communicated by Barriq have been accepted by the Customer.

28.10. Barriq reserves the right to add, alter, amend and modify the rates or other terms and conditions of the Barriq Buyback Policy at any given time without assigning any reason.

28.11. Barriq reserves the right to disentitle any member from the Barriq Loyalty Program on grounds of misuse, fraud or supplying false or misleading information.

28.12. Barriq is solely responsible for the execution and administration of the Barriq Buyback Policy.

29. E-gift cards

29.1. Users can purchase electronic gift cards (“e-Gift Card(s)”) on the Platform. The e-Gift Cards are available in the denomination of INR 1,000, 5,000 and 10,000. Each e-Gift Card is valid for 1 year from the date of its issuance. Barriq shall, 45 days prior to the date of expiry of the e-Gift card, intimate the User in relation to such expiry, vide an email and/or message to the registered email ID and/or mobile number of the User.

29.2. After the expiry of 1 year from the date of issuance of the e-Gift Card, the e-Gift Card will lapse and the User shall not be entitled to redeem any of the monies available in the e-Gift Card against a purchase of a Product on the Barriq Platform. In the event the User desires to avail a refund of the amount remaining in the e-Gift Card at the time of the expiry of its validity, the User can approach Barriq for the same. The refund of such remaining amounts will be processed as per the terms and conditions of Barriq.

29.3. The maximum value of each individual e-Gift Card shall not exceed INR 10,000. At the time of purchase of the e-Gift Card, the User will be required to provide such KYC details to Barriq, as may be intimated by Barriq at the relevant time. The e-Gift Card cannot be exchanged or redeemed for cash.

29.4. To activate the e-Gift Card, the card number mentioned on the e-Gift Card is to be entered in the “e-Gift Card” tab on the payment page. The e-Gift Card can be partially redeemed multiple times until the balance is exhausted or the card expires, whichever is earlier.

29.5. Barriq reserves the right to amend terms and act against fraud. Further, in the event of any fraud in relation to the e-gift Card, Barriq reserves the right to cancel the cards. Further, Barriq disclaims responsibility in the event the e-Gift card is lost or is undeliverable due to inaccurate email addresses, and User’s risk closure of their registration account for fraudulently obtained cards.

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