Terms & Conditions
Please read the following terms and conditions carefully as your use of service is subject to your acceptance of and compliance with the same ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean DesignerGallerie.com herein mentioned as "DesignerGallerie.com" and its affiliates.
http://www.DesignerGallerie.com ("Website") is an Internet based content and e-commerce portal licensed by Dishis designer jewellery a proprietorship company firm registered under the laws of India.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. DesignerGallerie.com. in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the DesignerGallerie.com. Website and shall not transact on or use the website. DesignerGallerie.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to DesignerGallerie.com notice or if it is discovered that you are under the age of 18 years.
3. User Account, Password, and Security:
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Details"); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete.
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DesignerGallerie.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
DesignerGallerie.com uses your registration details as a verification mechanism to ensure the same. You are responsible for ensuring that your Registration Details are maintained up to date at all times, and that your account is not used to circumvent our verification mechanisms. DesignerGallerie.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
5. Services Offered:
DesignerGallerie.com provides a number of Internet-based services through the Web Site, the Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, shipping policy, etc., and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
7. Limited User:
Content on the Website is provided to you AS IS for your information and personal use only. The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
8. USER CONTENT
DesignerGallerie does not guarantee or certify the accuracy or completeness of users' profile. Each user is responsible for any content or information they post or transmit in the services and DesignerGallerie assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You are solely responsible for your interactions in the services with other players and any other parties with whom you interact through the services and/or DesignerGallerie services.
USE OF THE SERVICES (the user shall not :)
ATTEMPT TO USE THE SERVICES TO STALK, HARASS, ABUSE, OR HARM, OR ADVOCATE OR INCITE STALKING, HARASSMENT, ABUSE OR HARM OF ANOTHER PERSON OR GROUP. POST ANY ABUSIVE, THREATENING, OBSCENE, DEFAMATORY, LIBELOUS, OR RACIALLY, SEXUALLY, RELIGIOUSLY, OR OTHERWISE OBJECTIONABLE OR OFFENSIVE CONTENT OR INFORMATION OR ANY CONTENT OR INFORMATION THAT CONTAINS NUDITY, EXCESSIVE VIOLENCE, OR OFFENSIVE SUBJECT MATTER OR THAT CONTAINS A LINK TO SUCH CONTENT. INAPPROPRIATELY SOLICIT OR ATTEMPT TO SOLICIT PERSONAL INFORMATION FROM OTHER USERS OF THE SERVICES, NOR SHALL YOU HARVEST OR POST ANYONES PRIVATE INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE OR FINANCIAL INFORMATION IN OR THROUGH THE USE OF THE SERVICES. ADVERTISE, SPAM OR DISTRIBUTE ANY MALWARE, SPYWARE OR OTHER MALICIOUS CONTENT IN OR THROUGH THE SERVICES. ENGAGE IN ANY ILLEGAL CONDUCT OR INTENTIONALLY OR UNINTENTIONALLY VIOLATE, OR PROMOTE THE VIOLATION OF, ANY APPLICABLE LAWS OR REGULATIONS. DISRUPT, OVERBURDEN, OF ANY COMPUTER OR SERVER USED BY OR IN THE SERVICES OR BECOME INVOLVED IN ANY TYPE OF ATTACK (INCLUDING BUT NOT LIMITED TO DISTRIBUTION OF A VIRUS, DENIAL OF SERVICE ATTACKS) OR IN ANY OTHER WAY ATTEMPT TO DISRUPT THE SERVICES OR ANY OTHER PLAYER'S USE OR ENJOYMENT OF THE SERVICES. CHEAT OR DISRUPT THE SERVICES IN ANY MANNER (INCLUDING BUT NOT LIMITED TO USING CHEATS, EXPLOITS, AUTOMATION SOFTWARE, BOTS, HACKS, MODS OR ANY SOFTWARE DESIGNED TO MODIFY OR INTERFERE WITH THE SERVICES OR OVERALL EXPERIENCE). CHEATING INCLUDES, WITHOUT LIMITATION, ANY AUTOMATED USE OF THE SERVICES OR CIRCUMVENTING OR MODIFYING ANY SECURITY, TECHNOLOGY OR DEVICE THAT IS PART OF THE SERVICES.REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, DECIPHER OR OTHERWISE ATTEMPT TO DERIVE THE SOURCE CODE FOR ANY UNDERLYING SOFTWARE OR OTHER INTELLECTUAL PROPERTY USED IN THE SERVICES.
ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SERVICES, PLAYER ACCOUNTS REGISTERED TO OTHERS OR TO THE COMPUTERS, SERVERS, OR NETWORKS CONNECTED TO THE SERVICES BY ANY MEANS OTHER THAN THE SERVICES' USER INTERFACE. Failure to accept these terms may result in the termination of your account. Additionally, DesignerGallerie holds no responsibility for the results of these interactions.
9. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by DesignerGallerie.com.
10. Exactness Not Guaranteed:
DesignerGallerie.com hereby disclaims any guarantees of exactness of the final Product as ordered by the user. All images of products are purely for illustration only. DesignerGallerie.com does not accept responsibility for any difference between the image on the website and the actual appearance of the product. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the product brand, size, pack etc. may be required due to limitations caused by availability of products. In this instance you agree that DesignerGallerie.com will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. If you reject this request your order will be cancelled and your payments made, if any, will be fully refunded.
11. Intellectual Property Rights:
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, DesignerGallerie.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patent able or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to DesignerGallerie.com without obtaining authorization from DesignerGallerie.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services.
12. Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DesignerGallerie.com or the Website and DesignerGallerie.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DesignerGallerie.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. DesignerGallerie.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DesignerGallerie.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
13. Disclaimer of Warranties/Limitation of Liability:
DesignerGallerie.com has endeavoured to ensure that all the information on the Website is correct, but DesignerGallerie.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.
In no event shall DesignerGallerie.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall DesignerGallerie.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, DesignerGallerie.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond DesignerGallerie.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any product or service.
You understand and agree that the DesignerGallerie.com service is provided on an “AS IS” and “AS AVAILABLE” basis and that DesignerGallerie.com does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. DesignerGallerie.com assumes no responsibility for the accuracy or existence of any communications between users. DesignerGallerie.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement.
DesignerGallerie.com makes no warranty that (i) the DesignerGallerie.com service will meet your requirements, (ii) the DesignerGallerie.com service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the DesignerGallerie.com service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the DesignerGallerie.com service will meet your expectations, and (v) any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from DesignerGallerie.com or through or from the DesignerGallerie.com service shall create any warranty not expressly stated in this user agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
you agree to defend, indemnify and hold harmless DesignerGallerie.com, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related.
Orders by Customer are subject to acceptance by DesignerGallerie.com as per the availability of the product. Placement of order by Customer will constitute acceptance of terms and conditions listed on Website by the Customer. No terms and conditions appearing in Customer's order that are in variance with or contrary to these terms and conditions shall be binding upon DesignerGallerie.com unless specifically agreed to in a writing signed by DesignerGallerie.com.
16. Cancellation, Return & Replacement Policy:
Returns and Replacements are accepted within 15 days from the delivery of items. Items to be returned or replaced must be in resalable conditions and contain the original packing material, manuals and blank warranty cards. Returned items are subject to inspection. Credit will not be granted for items unsuitable for resale. In case of return of any item the amount will be adjusted in the next order. Any product that is damaged in transit and is rejected by you without accepting delivery from the courier is eligible for a 100% refund of the sale price of the product.
DesignerGallerie.com may charge a cancellation or return fee as specified in the cancellation and returns FAQs, to facilitate the return shipping process.
In case of special orders, where products are procured specifically for you, and in case of large orders (value more than Rs 10,000), DesignerGallerie.com may reject your return request at its own discretion. This is necessary as the manufacturers of the particular products may not entertain such specific return requests.
17. Payment, Pricing & Promotions:
Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items as per the payment option chosen by the Customer. All payments shall be made in Indian Rupees and may be made online through the available payment mechanisms (credit card, debit card or net banking), or offline through an at par cheque, cash on delivery, online bank transfer (NEFT/ RTGS), ECS or a DD. DesignerGallerie.com may suspend shipment of Products to Customers whose previous dues are unpaid, at no liability to DesignerGallerie.com.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Due to manufacturers’ price increases or decreases or other events outside of DesignerGallerie.com reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except octroi.
Special offers, coupons or discounts can only be applied at the time of order and may not be applied to any previous orders. Prices and products are subject to change without notice. Schemes and offers can be withdrawn and/or changed without notice. Items under Special Offer & Schemes are available only till Stocks lasts. DesignerGallerie.com reserves the right to reject the cancellation requests on items sold under Offers & schemes.
While availing any of the payment method/s available on the Website, DesignerGallerie.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between "Bank/s", or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate any transactions with respect to any other form of currency with respect to the purchases made on the Website.
Before shipping / delivering your order to you, DesignerGallerie.com may request you to provide supporting documents (including but not limited to Govt. issued ID, address proof and proof of educational qualifications) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Membership on the Website is free for buyers. DesignerGallerie.com does not charge any fee for browsing and buying on the Website. DesignerGallerie.com reserves the right to change its Fee Policy from time to time. In particular, DesignerGallerie.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event DesignerGallerie.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to DesignerGallerie.com.
Title and risk of loss for all products ordered by you shall pass on to you upon DesignerGallerie.com's shipment to the shipping carrier.
What is the estimated delivery time?
For all areas serviced by reputed couriers the delivery time will be 7 business days. For other areas, orders will be sent by Our Courier partners (i.e. DTDC, Blue Dart, Professional Courier, First Flight Courier, FedEx) or Registered Post through the Indian Postal Service which may take 1-2 weeks depending on the location. Business days exclude public holidays and Sundays. If any delay will be notified within 1 working day.
With every order, you will receive an email containing the details of the order placed by you. Once we ship the item(s), you will receive another email containing the shipping details.
How will the delivery be done?
We process all deliveries through reputed Couriers (i.e. DTDC, Blue Dart, Professional Courier, First Flight Courier, and FedEx). If there is no courier service available in your area, we will ship your item via Government Registered Book post or Speed post.
DesignerGallerie.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
If you or DesignerGallerie.com terminates your use of the Website or any Service, DesignerGallerie.com may delete any content or other materials relating to your use of the Service and DesignerGallerie.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
21. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
23. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to CS@Designergallerie.com