You are deemed to have accepted the terms and conditions listed below.
The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Daphnebazaar.com and the terms “Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Daphnebazaar.com or their breach of the terms .
LIABILITY
User agrees that neither Daphnebazaar.com nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Daphnebazaar.com has been advised of the possibility of such damages.
User further agrees that Daphnebazaar.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Daphnebazaar.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Daphnebazaar.com, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
All products/services and information displayed on www.DaphneBazaar.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. www.DaphneBazaar.com reserves the right to accept or reject your offer.
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and send to email you again to confirm details and therefore process the order.
Our acceptance of your order will take place upon dispatch of the products ordered.
No act or omission of www.DaphneBazaar.com prior to the actual dispatch of the products ordered will constitute acceptance of your offer.
The sale of product by www.DaphneBazaar.com to you shall be complete when goods are delivered to you or to your transport agent/courier agency.
The Company provides the goods and services to you subject to the T&C.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE T&C, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE SITE (or any future site operated by the COMPANY, YOU ACCEPT THESE T&C. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH THE COMPANY OR THIRD PARTY VENDORS, WHETHER OR NOT INCLUDED IN THE SITE, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR MERCHANT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.
You must read and agree to be bound by the Terms of Service, before using the Site or subscribing to any products or service made available through or on the Site, including the sale, supply, payment, delivery, return of the products or services made available on, through or in connection with this Site (collectively the “Services”).
By subscribing to or using the Site or the Services, you have read, understood and are bound by the Terms of Service, together with all related policies and guidelines of this Site as indicated in these terms and conditions that are incorporated by reference.
If you do not agree to be bound by the Terms of Service, do not use or subscribe to the Site or the Products / Services.
User Accounts:
If any Service requires you to open an account (“User Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.
You represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or shipment details generally or in connection with an order, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.
All communication to you will be carried out through the contact details provided by you while opening an account. You are responsible to report any change in your User Account details by writing to us at support@DaphneBazaar.com. The site is not responsible for any changes in User Account details once an order is placed.
You are responsible for maintaining the confidentiality of your User Account password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at support@DaphneBazaar.com.
Order Placing
By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.
We will provide you with a visual representation of the product together with a summary description of the product. While every effort is made to provide accurate visual representations, cannot guarantee the exactness of such visual representation or description to the finish and appearance of the final product delivered to you. Alterations in certain aspects of your order such as appearance, size or color may be caused due to difference in brands and size charts of different brands, number of pixels in an image and other circumstances that are not within our control.
You may not change the address for delivery of the products provided by you after you place the binding order. To rectify any errors in a binding order you must contact our customer service representative.
Title and risk of loss or damage for all products ordered by you in accordance with these terms and conditions shall pass to you upon your receipt of the product.
Prices And Payments
All prices are in Indian Rupees. Prices, available products or other Services may change from time to time at our sole discretion.
Pricing on a product or related Service is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the products must be made by credit or debit card, cash on delivery, or some other prearranged payment method specified on the Site.
Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order.
Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
While carrying out payment, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.
Limitations On Use Of Services
You agree and undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, adapt, translate, transfer, sell any information, software, products or services obtained from the Services or the Site, without our prior express written consent.
You may not use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or threaten or interfere with any other person’s use or enjoyment of the Site.
Rules Of Conduct
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and at our sole discretion. We also reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
You acknowledge and agree that your communication via the Communications Services is public and not private communication, and that you have no expectation of privacy concerning your use of these Communications Services.
We are not responsible for information that you choose to communicate to other users via the Communication Services, or for the actions of other users.
We reserve the right at all times to disclose any information or materials found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in our sole discretion.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.
Limitation of Liability
In no event will DaphneBazaar.com be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if DaphneBazaar.com is expressly advised about the possibility of such damages.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Disclaimer of warranties and limitation of liability
DaphneBazaar.com has made this service available to use as a matter of convenience. DaphneBazaar.com expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. DaphneBazaar.com also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DaphneBazaar.com does not warrant that this site, its servers, or e-mail sent from DaphneBazaar.com are free of viruses or other harmful components. DaphneBazaar.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of DaphneBazaar.com is provided on an “as is” basis without warranties of any kind, whether express or implied. DaphneBazaar.com does not represent or warrant maintaining the confidentiality of information; although DaphneBazaar.com’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
DaphneBazaar.com does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
DaphneBazaar.com will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
DaphneBazaar.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
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- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
- Any interruption or errors in the operation of the Website. You expressly understand and agree that DaphneBazaar.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DaphneBazaar.com has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that DaphneBazaar.com reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall DaphneBazaar.com, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever 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 DaphneBazaar.com sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
DaphneBazaar.com therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
DaphneBazaar.com shall not be legally liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of DaphneBazaar.com.
Notwithstanding anything contained herein, DaphneBazaar.com may also acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall DaphneBazaar.com, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of DaphneBazaar.com and orders can be cancelled if the product goes out of stock.
DaphneBazaar.com reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by DaphneBazaar.com, the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. DaphneBazaar.com will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Use of the DaphneBazaar.com 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 DaphneBazaar.com website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the DaphneBazaar.com website and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the DaphneBazaar.com website or can use the DaphneBazaar.com website as a Guest User. DaphneBazaar.com reserves the right to terminate your registration and refuse to provide you with access to the DaphneBazaar.com website if it is brought to DaphneBazaar.com’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
Our Products
All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Disclaimer of Warranty
Access to this Web Site is provided to our customers and prospective customers “as is” and “as available” and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. DaphneBazaar.com reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Trademark
The logo / image of DaphneBazaar.com on the home page of the website & other pages and as used in the communication to the User is registered by DaphneBazaar.com and cannot be used or communicated or distributed without the specific and written permission of DaphneBazaar.com.
License and Site Access
DaphneBazaar.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case DaphneBazaar.com gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DaphneBazaar.com. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DaphneBazaar.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and DaphneBazaar.com ‘s name or trademarks without the express written consent of DaphneBazaar.com. Any unauthorized use terminates the permission or license granted by DaphneBazaar.com. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of DaphneBazaar.com as long as the link does not portray DaphneBazaar.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any DaphneBazaar.com logo or other proprietary graphic or trademark as part of the link without express written permission.
Data Protection
DaphneBazaar.com may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy.
Risk of Loss
All items purchased from DaphneBazaar.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to you.
The Company reserves the right to make any changes to our Terms and Conditions and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you read our T&C and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our T&C and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the revised T&C and Privacy Policy expressed herein.
Applicable law
This site is created and controlled by DaphneBazaar.com. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. DaphneBazaar.com reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of DaphneBazaar.com. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
We at our sole discretion reserve the right to change, amend or modify the Terms of Service at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing the Terms of Service.
If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Site and to cancel any accounts or Services you have signed up for. Your continued use of the Site or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.
You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).
All notices given by you or required under the Terms of Service shall be in writing and addressed to : support@DaphneBazaar.com
We may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record with us, or by written communication sent by post or overnight courier to your address on record with us.
The Terms of Service and all correspondence and all documentation relating to this agreement shall be in the English.