Terms & Condition
This website and the software application (interchangeably “Website” or “Platform”) is owned by Brand Boosters Online Service Providers Private Limited, a company incorporated under the laws of India having our office address at SCO 64, Backside Gopal Sweets Mohali, SAS Nagar, Punjab, 140301, India (interchangeably "us", "we", or "our").
By accessing and using any part of the Website and its contents, you (interchangeably the “User” or “you“) signify that you have read and unconditionally agree and accept to be legally bound by these Terms of Use, without any limitation or qualification.
When you use any of the services provided by us through this website, including but not limited to, (e.g. Product Reviews, Seller Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. You expressly agree to be bound by this agreement, irrespective of whether you are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, you agree to be bound by the terms and conditions detailed herein.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our terms and policies including but not limited to Privacy Policy as amended from time to time.
PRIVACY
Your use of this Website is also subject to our Privacy Policy published on this Website. For all information regarding the collection, use and disclosure of your personal data as well as our use of cookies and IP address, please refer to our Privacy Policy, available at techdarzi.com.
The Services made available on or through this Platform has been made available to you for the specific purpose of enabling Users to purchase original merchandise such as clothing, fabrics, accessories etc. (collectively, "Products"). It is not intended to be providing you with any nature of certification, guarantee or warranty or any professional advice and is a mere information and guidance. By accessing, browsing and using this Website, you agree and acknowledge that you understand this limited and restricted use, and agree that you will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
You acknowledge that we may disclose and transfer any information that you provide through this Website to (i) our affiliate or information providers, (ii) to any third party but strictly with your permission, or (iii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers.
You expressly agree and acknowledge that usage of the Platform may be monitored, tracked and recorded. As such, you expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, you implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website and the Company may, if it chooses, send you an e-mail in this regard.
We shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party. In the event of you becoming aware of any unauthorized or misuse of the information provided by you to us, you are requested to forthwith contact the us at support@techdarzi.com. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
DESCRIPTION OF SERVICE AND PRODUCTS
We provide an opportunity for you to purchase the Products from high end manufacturers and retailers. Upon placing order, we shall ship the Product to you and will be entitled to its payment for the Services.
All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this agreement. We may accept or reject your offer in its sole discretion which cannot be contested by you.
We, to the best of its knowledge, have displayed or attempts to display on the Platform as accurately as is possible, colors of the Products that is displayed on the Portal. However, the colors visible to you is solely dependent on your monitor. Hence, no guarantee is provided by us regarding your visibility of the colors on the Platform.
We do not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website/s is not as described, your sole remedy is to return it in unused, unsoiled and resale condition.
YOUR OBLIGATION AND COVENANTS TOWARDS THE PRODUCTS
In addition to your other covenants in this agreement, by ordering Product/s on the Website/s you acknowledge and agree that:
- Any non-delivery or wrong delivery of the Products by us due to error in the information provided by you, then, any re-delivery cost in addition to the initial cost will be billed to you;
- All information provided by you including your contact details, name and address, bank or credit card details are yours and authentic and there is no misrepresentation or fraudulent act from your end;
- That before placing an order you will check the Product description carefully. By placing an order for a Product you agree to be bound by the conditions of sale included in the item's description.
ORDER FOR AND SUPPLY OF PRODUCTS
- You will have to submit your Order for the purchase of the Product as detailed under the Website.
- Once the order is submitted it an express intention to purchase the Product and the same may not be cancelled except as provided hereunder.
- Based on the information provided by you and subject to our verification of the same, the Orders will be accepted by us for processing.
- All orders will be processed once we receive the payment for the Product.
- All orders will be confirmed via e-mail.
- We will use our best efforts to ensure that order placed by you is successfully processed subject to the availability of the Product/s. In the event the Product/s is sold out or unavailable, we will intimate You regarding the same and either refund your money or provide you with an opportunity to purchase a different Product of the same value.
PRICING AND PAYMENT
- The prices for Product/s are described on the Website/s and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and services are subject to change at our discretion.
- All prices are exclusive of any tax that may be required to be remitted to tax authorities.
- We will use our best efforts to ensure the accuracy of the prices and price related information stated on the Website. We do not make any representation that the prices quoted on the Website will match the offers provided by stores.
- In the event of any inadvertent mistake by us in quoting the price, we will notify you of the error before your payment is processed. You will then have the choice to either accept the correct price or to cancel your Order.
- We accept the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking, Paypal, UPI, GooglePay and PayTM; b) Cash Deposit on our bank account.
- You agree, understand, confirm and state that the card details provided by you to transact on the Website will be correct, accurate and is owned by you. In the event you use the card belonging to any third party, then, you confirm that you have been authorized to or expressly permitted by such third party to use the card for making payments.
- We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
- In addition to all other remedies available under law and equity and as detailed under this agreement, we reserve the right to recover the cost of Product/s, collection charges, attorney’s charges etc., from any User using the Website fraudulently. Further, we reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.
REFUND/DELIVERY AND CANCELLATION
- All our orders are specially Hand Embroidered. We don’t offer any kind of exchange or return. However, if your product doesn’t fit as expected or you get anything damaged during transit, please make a Box Opening Video and notify us within 1–2 days of receiving the product for Exchange. Exchange is not valid without Box Opening Video.
- Title and risk of loss for all Product/s ordered by you shall pass on to you upon the shipment thereof by us to the shipping carrier.
- We will make the delivery on a ‘best effort’ basis after acceptance of your order. Subject to events beyond our control, the Product/s will be shipped within 7 days of the acceptance of the order.
- We will communicate the dispatch details to you and will ship the Product/s to the mailing address provided by you while placing the order. If you do not receive the Product/s within a reasonable period of time, you should immediately notify us.
- You have an obligation to forthwith check the Product/s for accuracy upon receipt of the same.
- We reserve the right to cancel an order in case the order request is not acceptable to us. Upon such cancellation, we will refund the money to you. Any such cancellation shall be at our sole discretion and you will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product/s, inaccuracy in Product or pricing information, or due to reasons of any fraud or wrong usage of payment mechanism adopted by you. Any cancellation will be intimated to you by us.
- As per our policy, we do not accept cancellations, modifications, or refund requests once the order is confirmed.
Please be aware that once your order is placed and payment is processed, it becomes final and is immediately scheduled for production, often within hours.
LINKS TO THIRD PARTY SITES
As part of availing the Services, you as a member will provide us your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom you have an account, bank with or have created certain liabilities. We do not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc.
The Website may provide, or third parties may provide, or the Website may contain links to other World Wide Web sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organization identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.
Because the Company has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
LEGAL USES
Further, you agree and understand that your right to access and use the Services offered on this Website is personal to you and is not transferable by you to any other person or entity.
You understand that you are authorized to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services you are in no way impersonating or misrepresenting any person or entity. All services availed are for yourself only. In the event you are representing individual/s, company/ies, third parties or any entities, you undertake and state that you are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and we shall not be held responsible or liable in any way to any person or entity.
Any changes in your registration information must be duly updated by you.
Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, you agree that your access will be subject to these terms and conditions and that access is undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access the Website.
COMMUNICATION
We may send you communication, notices or alerts from time to time. These alerts and communication will be sent automatically by us to you. Please be informed that you have agreed to receive any type of communication including but not limited to emails, SMS, phone calls or any other mode of communication from us that is transactional, promotional & informational in nature. In case you have suppressed the receipt or disabled or marked alerts or communication in general to be junked, we recommend you to revise the same and activate the receipt of alerts to your proper destination. As such any communication from our end will be related to the Services and not any marketing or spam mails.
Changes to your email address will apply to all of your alerts.
Any e-mail which is sent by us or through any of the platforms mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If you are not the addressee you may not copy, forward, disclose any part of any message received or its attachments and if you receive a message in error, please delete the said message from your system and notify us immediately.
You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via internet could be intercepted, corrupted, lost or contain viruses. We therefore do not accept responsibility for any errors or omissions in messages received by you which may arise as a result of internet transmission.
Ownership and Protection of Intellectual Property
You acknowledge and agree that this Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by us you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website, the Services offered thereto or any software thereto, in whole or in part.You acknowledge that the entire Website and its contents including the software is owned or duly licensed to us and are protected by the Copyright laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this Website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the respective owners.
You may download or print a copy of information provided on this Website for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.
PROHIBITED ACTIVITIES
You agree NOT to do to the following:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Site;
- Collect or store personal data about other users;
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by the Company;
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Website, either in whole or part;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of this Website or the Service;
- Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of this Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of this Website that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
Indemnification
By using this Website, you agree to indemnify, defend and hold us and our related parties harmless, from any and all damages, costs and expenses including legal fees and costs arising from your use of this Website including any of the following:
- any claims for infringement of intellectual property rights, libel, defamation relating to any materials you send to the Website;
- any activity relating to your internet account, including negligent or wrongful conduct by you or anyone else using the Website through your internet account;
- any breach of any provision of these terms and any other matters regarding the use of this Website by you or anyone else.
LIMITATION OF LIABILITY
WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THE SERVICE, YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JURISDICTION
All matters relating to the Website including these Terms of Use are governed by the laws of India and any dispute, controversy, difference or claim arising out of or relating to the Website, including these Terms of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved through arbitration. The arbitration proceedings shall be conducted in English. Online users accessing the Website from locations other than in India must ensure that they are also complying with locally applicable laws.