Terms And Conditions

  1. Introduction: These Terms and Conditions govern your access to this website through the internet or a mobile application. Accessing, browsing or otherwise using this website indicates your agreement to all the terms of use, so please read the Terms and Conditions carefully before proceeding. By expressly or impliedly accepting these Terms and Conditions, you also accept and agree to be bound by Diamond Street policies including but not limited to privacy policy available on http://www.diamond-street.com/privacyPolicy as amended from time to time.

 

  1. Definitions: Wherever the context so requires "you" or “user” shall mean any natural or legal person who has agreed to become a buyer on the website by providing registration data while registering on the website as registered user using the computer systems.

 

"We/the company/us" are terms used in our Privacy Policy, Terms and Conditions or on our website are interchangeable and shall mean and include as entity referring to Diamond-Street.

 

  1. Eligibility: Membership on this website is available only for persons who are more than 18 years of age and are legally eligible to enter into a binding contract and not barred of doing the same by any law for the time being in force. By accepting the Terms and Conditions of Diamond Street, you are representing that you are eligible to the terms mentioned above and all the information posted by you on this website is as per your accountability.

 

  1. Amendment of terms: We reserve the right, at our sole discretion, to alter, change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you. It is your responsibility to review these Terms and Conditions periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. At its sole discretion, Diamond Street reserves the right not to accept a user from registering on the website without assigning any reason thereof.
  2. User information: Diamond Street has neither made nor will make any representation or warranty as to the accuracy, completeness or otherwise of the information supplied by any user on this website. Correspondingly:
    1. You, as a user, agree that any and all information listed or posted by you on this website is not fraudulent, offensive, harmful, inaccurate, or deceptive and you are not concerned with the sale of illegal, forged or stolen goods.
    2. The information, materials provided on or through this web site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
    3. You acknowledge that there may be risks in dealing with other users on this website and agree to use caution and act with diligence by practicing safe trading when using the website.

 

  1. Non-involvement in Contractual Agreements: The website is only a venue where users may meet and interact with one another for their transactions. Diamond Street is not and cannot be a party to or control in any manner any transaction between two users of the website. Consequently:
    1. All commercial / contractual terms are offered by and agreed to between buyers and vendors alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. Diamond Street does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and vendors.
    2. Diamond Street cannot and does not guarantee the performance of any transaction entered into between users (includes registered user or guest user) by the use of this website. Diamond Street is not responsible for any non-performance or breach of any contract entered into between users. Diamond Street shall not and is not required mediating or resolving any dispute or disagreement between users.
    3. Diamond Street does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the products proposed or offered to be sold or purchased on this website. In particular, Diamond Street does not explicitly or implicitly support or endorse the sale or purchase of any products on this website. Diamond Street accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    4. Diamond Street does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment in that behalf.
    5. Diamond Street does not at any point of time during any transaction between buyer and vendor on website come into or takes possession of any of the products offered by vendor nor does it at any point gain title to or have any rights or claims over the products offered by the vendor to the buyer.
    6. The website is only a venue through which users can reach a larger base to buy and sell products. Diamond Street is only providing a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the vendor and the buyer. At no time shall any right, title or interest over the items vest with Diamond Street nor shall Diamond Street have any obligations or liabilities in respect of such contract. Diamond Street is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable.
    7. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other users that you transact with.

Indemnity: You release and indemnify Diamond Street and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Diamond Street cannot control the information provided by other users which is made available on the website.

  1. No liability: In no event will Diamond Street be responsible or liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption)  arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

 

  1. Intellectual Property Rights: You agree that any design, marks, logos or content, except the user content, that you see on this website are subject to Copyright laws and other Intellectual Property Laws of Republic of India.

 

 

  1. Governing law and Jurisdiction: These Terms and Conditions shall be governed by the Laws of the Republic of India and all the disputes that may arise shall be subjected to the Jurisdiction of the courts of Mumbai.