Kalpavruksha Golden Reserve Plan
1. Kalpavruksha Golden Reserve Plan [“the Plan”] is a plan to enable the Participant to purchase jewellery from the showroom of Tribhovandas Bhimji Zaveri Ltd. [“TBZ – The Original” or “TBZ”].
2. The Plan is single instalment plan. Under the plan, every Participant is required to pay 1 [one] instalment during the plan period being the Deposited Amount. During the Plan Period [defined herein below], the Participant cannot add the amount of the Deposited Amount but the Participant may be permitted by TBZ to open a fresh separate account under the prevailing Plan.
3. As per the terms and conditions of the Plan:
3.1. “Discount” means the making discount percentage on Gold Jewellery to be availed by the Participant only upon completion of the Plan, in accordance with the terms and conditions contained herein.
3.2. “Gold Jewellery” shall mean ornaments made primarily from gold, including but not limited to necklaces, bracelets, earrings, rings, bangles, chains, pendants, and nose pins. The term may also include jewellery that is made of gold alloyed with other metals with precious or semi-precious stones (excluding diamond), as long as gold is the principal metal. Provided it shall not include gold coins, diamond jewellery, gold bars.
3.3. “Maturity Amount” shall mean the deposited amount by the Participant and the eligible making Discount subject to the terms and conditions provided herein.
3.4. “Maturity Date” of the Plan means the 31st [thirty first] day after payment of the deposited amount, by the Participant under the Plan.
3.5. “Merchandise” shall include any product made of gold or any other precious metal, precious/semi-precious stones, which may be contained in such product sold by TBZ in there Showroom or through its website and shall at all times exclude any gift voucher or gift cards issued TBZ.
3.6. “Deposited Amount” means the amount to be paid by the Participant to TBZ on the terms and conditions contained herein. This amount shall not be lower than Rs. 50,000/- [Rupees Fifty Thousand only] and can be a higher amount in multiples of Rs. 1,000/- [Rupees One Thousand only].
3.7. “Participant” means any individual who is a resident of India and is competent to contract under law.
3.8. “Plan Period” means 300 days from the date of deposit.
3.9. “Showroom” or “Showrooms” means the stores owned and operated or franchised by TBZ under the TBZ brand, which may include those managed by TBZ and those operated by authorized franchisees in accordance with TBZ’s brand standards and guidelines.
Payment
The amount is payable when the Participant enrol under the Plan:
4. The Deposited Amount can be paid by cash (not exceeding a sum of Rs. 1,99,999/- cumulatively for the plan period), cheque (payable at par) in favour of ‘Tribhovandas Bhimji Zaveri Limited’, Credit Card, Debit Card or online payment at the time of enrolment of the Plan. Payment to be made shall be within the prescribed business hours of 9:00 AM to 9:00 PM.
5. TBZ shall not be responsible for any online payment failure and money being debited from the customer’s account. In case of any payment failure, the Participant is requested to check with their banks or other service providers. It is the responsibility of the Participant to enter the details properly and correctly.
6. In case cheque is dishonoured, the Participant will be charged an amount in the sum of Rs. 200/- [Rupees Two Hundred only] or actual bank charges, whichever is higher. TBZ shall not be liable to inform the Participant of such dishonour on or before the last date of a calendar month.
7. Discount:
7.1. No making charges upto 18% applicable upto deposited value. Making Discount shall be calculated after 300 days from the deposited date.
7.2. IT IS CLARIFIED THAT THE PARTICIPANT SHALL NOT BE ELIGIBLE FOR ANY DISCOUNTS SHALL BE OFFERED UNDER THIS PLAN TO THE PARTICIPANT WHO OPTS TO EXIT THE PLAN BEFORE MATURITY DATE.
8. On successful completion of the Plan and after the Maturity Date and within THIRTY days thereafter:
8.1. The Participant shall be entitled to buy, in a single transaction, only Gold Jewellery from the showroom(s) of TBZ. It is clarified that gold coins, diamond jewellery, gold bars, silver coins, silver bars, silver jewellery, silver articles, gift card, etc. cannot be purchased under the Plan.
8.2. It is clarified that the purchase will have to be by way of a single transaction on the same day. Such purchase shall be equal to the Maturity Amount provided that if the total purchase value (excluding taxes) is higher than the Maturity Amount, the Participant shall pay the differential amount. Under no circumstances will a cash refund be given to the Participant for any unused Maturity Amount. TBZ does not make any representation or guarantee that Gold Jewellery of the value exactly equivalent to the Maturity Amount will be available in the showroom of TBZ.
8.3. Such purchase must be made within 30 [THIRTY] days from the Maturity Date. The Participant shall be required to remain present personally at the time of making the purchase. After the said period of 30 [thirty] days, the making Discount voucher will be issued which will be valid upto 6 months however not more than the 365th day of the enrolment date. Participant has to purchase minimum upto the deposited value to avail the plan benefit. Further, it will be deemed that the Participant has agreed to accept purchase of simple 24Kt TBZ gold coin (where purity would be at 99.9% or 99.5%) at the selling price of TBZ for the 24Kt TBZ gold prevailing on the next business working day immediately after expiry of the period of 30 [thirty] days from the maturity date plus making charges which shall be at the applicable rate and taxes (“TBZ’s Applicable Price”). Accordingly, the Deposited Amount paid by the Participant will be applied / appropriated by TBZ for selling 24Kt TBZ gold coin/s at TBZ’s Applicable price and the transaction under this Plan will be completed. The Participant shall not be entitled to the Discount. Any statutory deduction will be applied by TBZ. All other applicable provisions relating to the sale of Gold Jewellery under this Plan shall also apply to sale of 24Kt TBZ gold coin/s.
8.4. Such sold 24Kt TBZ gold coin/s will be held by TBZ for the benefit of such Participant without any risk to TBZ and the Participant shall be charged a handling and storage fee of 1% per month of the invoice value plus goods and service tax and any other taxes as applicable on a pro-rata basis for the duration of the time that the coin/s remain/s uncollected.
8.5. The purchase price of the Gold Jewellery under the Plan shall be TBZ’s price of the jewellery (which would include price of the gold, precious / semi-precious stones, which may be contained in such Gold Jewellery, as also making charges, variable charges, other charges, and all applicable taxes) as prevailing at the time and on the day the Participant selects and purchases Gold Jewellery.
8.6. Discounts available under clause 7 of this Plan shall be limited to aggregate of the instalment paid by the Participant. Any campaigns / promotion offers / benefits / discounts offered by TBZ will be applicable on the additional purchase price of the Gold Jewellery over and above the aggregate of lumpsum amount and cannot be clubbed with the discount offered under this Plan. Provided however the same shall not be available if the Participant exits the Plan before the Maturity Date under the Plan.
8.7. TBZ shall not be liable under any circumstances to pay any interest under the Plan on the Deposited Amount paid by the Participant. Under no circumstances will a cash refund be given to the Participant in respect of the Maturity Amount.
9. Under no circumstances, will a refund in cash or otherwise will be given by TBZ to the Participant. Further, in the event the participant fails to successfully complete Plan Period (including voluntary exit from the Plan as set out herein and has not purchased the Gold Jewellery within 30 (thirty) days from the Maturity Date of the Plan Period then the Participant agrees, by default to have opted on the 31st day from the Maturity Date of the Plan Period to accept purchase of simple 24Kt gold coin (with a purity of 99.9% or 99.5%) from TBZ subject to the terms and conditions outlined herein above at 8.3. and 8.4. The Participant hereby authorises TBZ to undertake and complete the purchase of the simple 24Kt gold coin on any day after 31st day from the Maturity Date of the Plan Period but no later than 365th day of the enrolment date of the Plan.
10. In the event the Participant opts to exit the Plan:
10.1. Within 7 [seven] days of the enrolment and payment of the deposited amount, the entire amount will be refunded to the Participant only by NEFT / RTGS / Cheque, irrespective of the Participant’s mode of payment. The Participant is required to provide a written intimation of such desire to exit from the Plan, to be received by TBZ within 7 [seven] days of the date of enrolment and payment of the Deposited Amount. Subsequent to the receipt of such intimation, TBZ will require atleast 7 [seven] working days to process such refund. In certain cases, TBZ may require more time to process such refund and the Participant shall not hold TBZ liable for the same; OR
10.2. After the 7th day of the enrolment as mentioned herein above, the Participant will be able to purchase Gold Jewellery or any Merchandise from TBZ minimum upto the extent of the Deposited Amount or of price higher than the amount of deposited amount subject to payment of the differential amount. Under no circumstances, will a refund in cash or otherwise will be given by TBZ to the Participant; OR
10.3. In the event Merchandise purchased is a gold coin or any other coin the terms applicable under Clause 8.3. to 8.4. shall be applicable.
11. In the event the Participant is desirous of exiting the Plan, either within seven days of joining of the plan or after seven days of joining and at any point of time before completion of the plan, the same must be informed in writing to TBZ by filling up the requisite Plan Exit Form.
12. TBZ will not be responsible or liable to send reminders in respect of the terms and conditions of the Plan including but not limited to buy jewellery at the expiry of Maturity Date.
13. TBZ reserves the right to alter, amend, add or delete any part of the Plan without prior notice to the Participant.
14. TBZ reserves the right to suspend the Plan at any time, without prior notice to the Participants. In such event, the Participant shall be eligible to purchase jewellery for deposited amount by the Participant.
15. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR VALUE), ARISING FROM OR RELATED TO THIS PLAN, REGARDLESS OF FORESEEABILITY, ADVICE OF POSSIBLE DAMAGES, LEGAL THEORY, OR FAILURE OF ANY REMEDY TO MEET ITS ESSENTIAL PURPOSE. THE LIABILITY OF TBZ UNDER THE PLAN, IS LIMITED TO THE TOTAL AMOUNT OF DEPOSITED AMOUNT BY THE PARTICIPANT ON THE DATE OF THE CLAIM.
16. The Participant shall, under no circumstances, be entitled to ask for refund in cash or otherwise of the deposited amount or any part thereof except exit terms provided herein.
17. The Participant cannot assign and / or transfer his/her rights and obligations under the Plan to any other person/s.
18. Every enrolment of the Participant under the Plan and various enrolments by the same / different Participant (Only immediate relatives) can be merged or combined at the time of settlement of the Plan.
19. By enrolling to the Plan, the Participant expressly consents to receiving calls, text messages and electronic mails, including auto-dialed and pre-recorded calls, messages and mails, from TBZ, its affiliates, marketing partners, agents and others who may call or send messages or electronic mails to the Participant on behalf of TBZ, in connection with the Plan, at the contact details provided by the Participant to TBZ. If you wish to withdraw your consent from receiving any communication from TBZ in connection with the Plan, please refer to the privacy notice available on the TBZ website (https://www.tbztheoriginal.com/).
20. At the time of enrolment, the Participant may make a nomination in favour of one person (who is a resident of India and is competent to contract) by providing the necessary and valid documentation as will be specified by TBZ. In the event of death of the Participant, the Plan shall stand terminated automatically. The nominee can opt to continue with the Plan for the remaining Plan Period or claim the Maturity Amount in any bank account only on submission of adequate identity proof, succession certificate, indemnity undertaking to indemnify TBZ from claims and any other document required by TBZ.
21. In the absence of valid nomination, the legal representative or heirs of the deceased Participant will be recognized by TBZ, only upon production of necessary documents viz. the Death Certificate of the deceased, survivorship / legal heir certificate, NOC from other surviving legal heir(s), Indemnity undertaking to indemnify TBZ from claims and any other documents required by TBZ. The same will forwarded to TBZ’s Solicitors for approval. TBZ will require atleast 2 [two] weeks to complete the process set out herein. The entitlement of the legal representative or heirs shall be the same as that of the Nominee as detailed above.
22. Any conditions which are explicitly not covered herein above would be at the discretion of TBZ. The decision of TBZ in this regard shall be final.
23. Any disputes arising out of or in connection with the Plan and the terms and conditions contained herein, if any, will be subject to the jurisdiction of the Courts in Mumbai only, to the exclusion of the jurisdiction of any other Court.
24. Without notice or liability, TBZ reserves the right to modify / amend the terms and conditions of the Plan, including discontinue the Plan, if so required, due to any change in the law or any change in the interpretation of the law or if required by any regulatory authority/ies.
25. Participant is required to provide: (i) a copy of his/her photo identification proof like Passport / Driving License / PAN card / Voter ID / UID Card; (ii) Mobile phone number and (iii) present address proof like electricity bill or landline telephone bill or bank passbook of the period not preceding by more than 6 months or UID Card, as required by TBZ, at the time of enrolment in the Plan for authentication. The Participant states that all documents as provided by the Participant are true and correct and in the event of any misrepresentation, TBZ shall have the right to treat the same as a default on part of the Participant and the terms relating to Termination above shall apply. Without valid photo identity proof and address proof, enrolment will not be allowed. TBZ will be entitled to retain a copy of such identity proof and residential proof duly self-attested by the Participant. In case of any change in the contact / address details, the Participant is required to intimate the same to the Showroom within 7 [seven] days from such change. To know more about your rights with respect to the personal data received by TBZ as part of registration purposes and TBZ’s processing activities, please refer to the privacy notice available on the TBZ website (https://www.tbztheoriginal.com/).
26. For purchase of Gold Jewellery as per the Plan, whether after Maturity Date or earlier, the Participant will have to personally be present at the showroom of TBZ along with a valid photo identity proof, any other document that may be indicated by TBZ or required under law. TBZ will keep a self-attested copy of such identity proof or such other details as PAN Card for purchases of Rs. 2,00,000 and above.
27. THE PARTICIPANT UNDERSTANDS AND ACCEPTS THAT PURCHASE OF JEWELLERY UNDER THE PLAN HAS TO BE COMPLETED BEFORE CLOSE OF BUSINESS ON THE 30TH DAY FROM THE MATURITY DATE , HOWEVER NO LATER THAN 365th DAY FROM THE DATE OF ENROLMENT IN THE PLAN, AS APPLICABLE FAILING WHICH THE PARTICIPANT SHALL ACCEPT SALE OF 24Kt TBZ GOLD COIN/S BY TBZ TO THE PARTICIPANT AS MENTIONED ABOVE. THE SALE UNDER THIS PLAN CANNOT AND WILL NOT BE DEFERRED BEYOND THE SAID DAY. IN THE EVENT THE PARTICIPANT WISHES TO COLLECT SUCH GOLD COIN, A FOUR DAYS ADVANCE NOTICE IN WRITING MUST BE PROVIDED. THIS GOLD COIN WILL HAVE TO BE COLLECTED FROM TBZ SHOWROOM.
28. Terms & Conditions pertaining to Digital Online KP only:
· New Users and already KP users can login /sign up on the KP online portal.
· New users can upload their documents in the mentioned format and size.
· Once the details are entered for the first time users and the first payment is made, verification shall take place at the nearest convenient store as entered by the customer.
· Verification shall take 24 - 48 hours from the store level.
· Upon successful verification, the KP shall be active. The activation date shall the date of the first payment.
· In event of document rejection, the first payment made shall be refunded back to the customer within 7-10 working days.
· The customer can make payment via any Credit ,Debit Card or Net banking.
· User shall not be allowed to edit any personal details from the online portal, he shall have to visit his nearest store or email the store to edit any detail if required.
· Existing KP customers, can login sign up and choose any amount to be deposited under the Plan and pay any amount higher or equal to the minimum deposit amount.
· Upon Non Payment of Deposited Amount on time, Plan shall not commence and upon exit before Maturity Date there shall be a deduction in the discount amount.
I have read and have been explained by the staff of TBZ. In the event I do not understand English, I have informed the same to the staff of TBZ, who have thereafter explained the same to me in the language of my choice. I have clearly understood the above terms and conditions and agree to abide by the same and I expressly provide my consent to TBZ for processing personal data by me for the purposes mentioned in these terms and conditions.
Date: _________________________ Signature :______________________
Name :________________________ Contact No.:_____________________
Address: _______________________ Email:__________________________