Terms and Conditions

Welcome to DivineJewels. DivineJewels is a brand owned and operated by PHOTOJEWELS.

By accessing, browsing, placing an order on, or otherwise using this website, you agree to be bound by these Terms & Conditions, our Privacy Policy, Shipping Policy, Return / Refund Policy, and any other policies published on this website. If you do not agree, please do not use this website.

1. Business Details

Owner / Operator: PHOTOJEWELS
Registered Address:
1ST FLOOR, -, ANUKAMPA HOUSE, SHASTRI NAGAR,
TEHSIL PALAMPUR, Holta, Palampur, Kangra, Himachal Pradesh, 176061
Kangra, Himachal Pradesh – 176061

GSTIN/UIN: 02ABEFP2496A1ZN

For the purpose of these Terms, “Company,” “we,” “us,” and “our” refer to PHOTOJEWELS and/or its brand DivineJewels. “You” and “your” refer to the user, customer, buyer, visitor, or any person accessing or using the website.

2. Eligibility to Use

By using this website, you represent that:

You are competent to enter into a legally binding contract under applicable law.
You are at least 18 years of age, or you are using the website under the supervision of a parent or legal guardian.
All information provided by you is true, accurate, current, and complete.

We reserve the right to refuse service, suspend accounts, cancel orders, or restrict access if we believe the information provided is false, misleading, fraudulent, unauthorized, or in violation of these Terms.

3. Acceptance of Electronic Records and Communication

You agree that your use of the website, placing of orders, acceptance of terms, submission of forms, emails, WhatsApp confirmations, and other electronic communications may constitute valid electronic records and acceptance, to the extent permitted by law. Electronic contracts are recognized under Indian law and are not unenforceable solely because they are formed electronically. (India Code)

4. Nature of Products

DivineJewels offers jewelry and related products, which may include spiritual, customized, personalized, made-to-order, engraved, photo-based, or otherwise specially prepared items.

Certain products shown on the website may be handcrafted, custom-finished, or personalized. Minor variations in color, texture, polish, finish, engraving alignment, stone appearance, thread, packaging, or handmade detailing may occur and shall not automatically be treated as defects.

Where product descriptions use terms such as “spiritual,” “healing,” “blessing,” “energy,” “protection,” “symbolic,” or similar, such descriptions are for cultural, artistic, traditional, devotional, storytelling, or belief-based representation only, unless expressly stated otherwise. They are not medical, scientific, therapeutic, legal, or financial guarantees.

5. Product Information and Accuracy

We attempt to ensure that product descriptions, prices, offers, images, videos, dimensions, specifications, materials, color representation, and availability are as accurate as reasonably possible.

However:

Product images are for illustrative purposes and actual color or size may slightly differ depending on lighting, screen settings, photography, editing, or batch variation.
Weights, dimensions, delivery timelines, and specifications are approximate unless expressly guaranteed.
Packaging may change from time to time without prior notice.
Any typographical, technical, or pricing error may be corrected at our sole discretion.

We reserve the right to modify product descriptions, imagery, price, specifications, offers, and availability at any time without prior notice.

6. Customized and Personalized Orders

For all customized, engraved, photo-based, name-based, date-based, or personalized orders:

You are solely responsible for ensuring that all names, initials, dates, spellings, photos, messages, symbols, and customization instructions submitted by you are correct.
We are not responsible for errors arising from customer-provided information, including spelling mistakes, wrong dates, low-resolution images, unclear instructions, or cropped / stretched uploaded images approved by you.
Once production has started, personalized orders may not be cancellable, returnable, exchangeable, or refundable, except in cases of manufacturing defect or wrong item sent by us.
You confirm that you have the right to use any image, text, logo, or design uploaded by you.

We reserve the right to reject custom content that is unlawful, abusive, defamatory, infringing, obscene, misleading, hateful, or otherwise inappropriate.

7. Pricing

All prices displayed on the website are in Indian Rupees (INR) unless otherwise stated.

Prices may or may not include taxes, shipping charges, convenience fees, COD charges, handling charges, customization charges, gift packaging charges, or promotional discounts, depending on the product page and checkout display.

We reserve the right to revise pricing at any time before order confirmation. If a product is listed at an incorrect price due to a technical or human error, we may cancel the order and refund the amount received.

8. Orders and Order Acceptance

Placing an order on the website is an offer by you to purchase the selected product(s). An order shall be considered accepted only when we confirm it through email, SMS, WhatsApp, order dashboard update, shipping confirmation, or actual dispatch.

We reserve the right, without liability, to refuse, limit, or cancel any order, including but not limited to cases involving:

Incorrect pricing or description
Product unavailability
Payment failure or suspected fraud
Bulk / reseller purchase concerns
Abuse of offers or coupons
Incorrect address or unverifiable contact details
Operational, legal, compliance, or risk concerns

If your order is cancelled after payment, the eligible amount will be refunded as per our refund process.

9. Payments

We may offer multiple payment options, including prepaid methods, UPI, cards, net banking, wallets, EMI, third-party payment gateways, or cash on delivery, subject to availability.

By making payment, you represent that:

You are authorized to use the payment instrument used by you.
The payment details submitted are valid and lawful.
The transaction is genuine and not fraudulent.

We do not store full card or sensitive payment details unless expressly stated and lawfully permitted through authorized systems. Payment processing may be handled by third-party gateways, and your use of those services may also be subject to their independent terms and privacy policies.

10. Cash on Delivery and Verification

For orders placed through COD or high-risk payment modes, we may require additional verification before dispatch, including OTP confirmation, call confirmation, address confirmation, ID-related verification, or other order-authentication steps.

We reserve the right to refuse COD, convert an order to prepaid-only, or cancel the order where verification is incomplete or unsatisfactory.

11. Shipping and Delivery

We strive to dispatch and deliver orders within the timelines indicated on the website or communicated at the time of order. However, all delivery timelines are estimates and not guaranteed unless expressly stated.

Delivery may be affected by:

Customization lead time
Location and serviceability
Courier partner delays
Weather, strikes, shutdowns, festivals, public holidays, lockdowns, force majeure, or regulatory restrictions
Customer non-availability or wrong address

Risk in the goods may pass in accordance with applicable law and commercial practice upon delivery to you or as otherwise specified in our Shipping Policy.

It is your responsibility to provide a complete and correct address, active mobile number, and any landmark or instructions necessary for delivery.

12. Delivery Failure, Refusal, and Returned Orders

If an order is returned due to wrong address, failed delivery attempts, refusal to accept, non-availability, non-cooperation, or non-response by the customer, we may:

Charge re-shipping charges
Deduct shipping, handling, COD, RTO, customization, payment gateway, packaging, or processing costs
Restrict future COD access
Treat the order as cancelled in accordance with our policy

For personalized products, return of parcel due to customer fault may not entitle the customer to a refund.

13. Cancellation Policy

Orders may be cancelled only within the time and manner permitted by our Cancellation / Refund Policy.

As a general rule:

Customized or personalized orders may not be cancellable once production, engraving, printing, customization, or processing has begun.
Orders already packed, shipped, manifested, or handed to courier may not be cancellable.
Promotional or special campaign orders may have separate cancellation restrictions.

We reserve the right to cancel any order at our discretion for technical, operational, risk, or compliance reasons, in which case eligible refund shall be processed.

14. Returns, Replacements, and Refunds

Returns, replacements, and refunds shall be governed by our Return / Refund Policy, as applicable.

Unless otherwise stated:

Personalized, customized, engraved, photo-personalized, name-based, or made-to-order products are generally non-returnable and non-refundable, except where the item delivered is materially defective, damaged in transit, or incorrect due to our error.
Customers must provide unboxing video, photos, and issue details within the prescribed timeline for damage / wrong-item claims.
Refund timelines depend on the payment mode, banking channels, and internal verification.

Nothing in these Terms is intended to override any non-waivable consumer rights available under applicable law. Consumer rights in India are addressed under the Consumer Protection Act, 2019. (India Code)

15. Offers, Discounts, and Promotional Campaigns

Coupons, offers, freebies, bundled promotions, limited-period discounts, gift-with-purchase campaigns, or festive promotions:

May be changed, withdrawn, limited, or cancelled at any time
May not be combined unless expressly allowed
May be subject to minimum cart value, product eligibility, region eligibility, or payment mode restrictions
May be cancelled in cases of misuse, abuse, duplicate use, or suspected fraud

Our decision regarding offer eligibility and fulfillment shall be final, subject to applicable law.

16. User Content and Uploaded Material

If you upload photographs, names, initials, messages, reviews, testimonials, videos, feedback, comments, or other content to the website or through our support channels, you represent and warrant that:

You own the content or have lawful permission to use it
The content does not infringe intellectual property, privacy, publicity, contractual, or other rights of any third party
The content is not illegal, offensive, defamatory, obscene, hateful, misleading, or harmful

You grant us a non-exclusive, royalty-free, limited license to use such content only to the extent reasonably necessary for order processing, customization, customer support, quality control, dispute handling, internal operations, and, where separately permitted by you or by campaign terms, promotional use.

We reserve the right to refuse, remove, or reject any content at our discretion.

17. Reviews, Feedback, and Testimonials

If you submit a review, rating, testimonial, video feedback, or CPV / proof-of-content material, you agree that we may use, reproduce, publish, adapt, crop, display, or promote such content for customer service, brand communication, social proof, advertising, website display, or internal records, unless otherwise separately agreed.

We may moderate or remove content that appears false, unlawful, abusive, spam-like, misleading, or irrelevant.

18. Intellectual Property

All website content, including but not limited to logo, brand name, trade dress, product images, videos, mockups, text, graphics, icons, layout, banners, catalogs, designs, source content, and creative assets, is owned by or licensed to PHOTOJEWELS / DivineJewels and is protected by applicable intellectual property laws.

You may not copy, reproduce, scrape, republish, sell, exploit, modify, distribute, mirror, or commercially use any content from the website without prior written permission.

Nothing in these Terms grants you any license or right in our intellectual property except the limited right to use the website for lawful personal shopping purposes.

19. Prohibited Uses

You agree not to:

Use the website for unlawful, fraudulent, abusive, or harmful purposes
Impersonate another person or provide false identity details
Interfere with website functionality, security, servers, code, or performance
Upload viruses, malware, scripts, or malicious content
Attempt unauthorized access to accounts, systems, or databases
Use bots, scraping tools, automated checkout tools, or data extraction methods without permission
Infringe our rights or the rights of third parties
Use the website in any manner that may damage our reputation, systems, customers, or operations

We may suspend or permanently block access for any such misuse.

20. Account Responsibility

If the website allows account creation, you are responsible for maintaining confidentiality of your login credentials and for all activities conducted through your account.

You must promptly notify us of any unauthorized use, suspected breach, or misuse of your account.

We are not liable for loss arising from your failure to safeguard account access.

21. Third-Party Links and Services

The website may contain links to third-party websites, payment gateways, logistics providers, social media pages, communication tools, or embedded services.

We do not control such third-party platforms and are not responsible for their content, privacy practices, performance, offers, or terms. Your use of such services is at your own risk and may be subject to separate third-party policies.

22. Privacy

Your use of the website is also governed by our Privacy Policy. By using the website, you consent to collection, use, storage, and processing of your information in accordance with our Privacy Policy and applicable law.

23. Disclaimer of Warranties

To the maximum extent permitted by law, the website, its content, and all products and services are provided on an “as is” and “as available” basis.

We do not guarantee that:

The website will always be uninterrupted, secure, or error-free
The website will always be free from bugs, viruses, or technical failures
Every product image will match screen representation exactly
Every product or service will meet every subjective expectation of the customer

Except as expressly stated, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by law.

24. Limitation of Liability

To the fullest extent permitted by law, PHOTOJEWELS / DivineJewels shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, revenue, goodwill, data, opportunity, business interruption, emotional distress, or reputational harm arising out of or connected with:

Your use or inability to use the website
Any delay or failure in delivery
Any third-party conduct or service
Unauthorized access to data
Any product misuse or improper handling by the customer
Minor variation in personalized / handmade items

In any event, our total liability in relation to any specific order or claim shall generally not exceed the amount actually paid by you for the relevant order, except where a higher liability is mandated by applicable law.

25. Indemnity

You agree to indemnify, defend, and hold harmless PHOTOJEWELS, DivineJewels, its proprietors, affiliates, employees, representatives, service providers, and agents from and against any claims, losses, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from:

Your breach of these Terms
Your misuse of the website
Your violation of any law or third-party right
Your uploaded content, customization material, or submitted data
Any fraud, misrepresentation, or wrongful act attributable to you

26. Force Majeure

We shall not be liable for any delay, interruption, suspension, or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemic, epidemic, fire, flood, war, civil unrest, government action, internet failure, power failure, cyber incidents, transport disruption, labor disruption, courier shutdowns, or supply-chain shortages.

27. Right to Verify and Hold Transactions

We reserve the right to verify identity, address, legal name, GST details, payment credentials, uploaded content, order intent, and transaction authenticity before processing or releasing any order, payment, refund, replacement, campaign amount, or payout.

Where required, we may keep a transaction or payout on hold until satisfactory legal name update, GST-address update, verification, CPV proof, or other compliance requirements are completed. Under GST registration rules, changes relating to legal name and principal place of business are treated as registration amendments. (Tax Portal)

28. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of India.

Subject to applicable consumer law and mandatory legal requirements, the courts having jurisdiction over Kangra, Himachal Pradesh shall have exclusive jurisdiction in relation to disputes arising out of or relating to the website, products, orders, services, communications, or these Terms.

29. Severability

If any provision of these Terms is held invalid, illegal, unenforceable, or void by a competent court or authority, the remaining provisions shall continue in full force and effect.

30. Waiver

Failure by us to enforce any provision of these Terms at any time shall not be deemed a waiver of that provision or of our right to enforce it later.

31. Assignment

You may not assign, transfer, or subcontract your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights, obligations, or business operations to any affiliate, successor, or lawful transferee.

32. Entire Agreement

These Terms, together with our policies published on the website and any order-specific terms expressly communicated by us, constitute the entire agreement between you and us regarding your use of the website and related transactions.

33. Changes to Terms

We may update, modify, revise, or replace these Terms at any time by posting the updated version on the website. Your continued use of the website after such update constitutes your acceptance of the revised Terms.

You are advised to review this page periodically.

34. Contact

For support, disputes, notices, or legal communication, you may contact:

PHOTOJEWELS
1ST FLOOR, -, ANUKAMPA HOUSE, SHASTRI NAGAR,
TEHSIL PALAMPUR, Holta, Palampur, Kangra, Himachal Pradesh, 176061
Kangra, Himachal Pradesh – 176061
GSTIN/UIN: 02ABEFP2496A1ZN