TERMS & CONDITIONS
Introduction
The websites www.denimo.in and www.denimo.style (collectively “Denimo”, “websites” or “sites”) is independently managed and operated by Adutta Designs (OPC) Private Limited (“ADPL”, “we”,”us” or “our”), a company incorporated and registered under the Companies Act 2013, having its registered office at Rearside, Subinoy Ghosh Sarani 2nd Bye Lane, Howrah – 12, a company which is a retailer and wholesaler of various readymade garments and textile products.
By accessing the sites in any manner, (“you” or “your”) consent that you are any natural or legal person and are eligible to enter into a contract as per Indian Contract Act, 1872 or with the involvement of any other eligible person as per the contract, in case you are minor, i.e below 18 years of age
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APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by and to be interpreted in accordance with laws of Republic of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the website, whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Kolkata, India for the resolution of all such disputes.
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ACCESS OUTSIDE THE REPUBLIC OF INDIA
ADPL makes no representation that the content on the website is appropriate to be used or accessed outside the Republic of India. Your use of or access to the website from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.
By placing an order on this site you are entering into a purchase/sale transaction with Adutta Designs (OPC) Private Limited.
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E-PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the sites are online portals that enables you to purchase products listed on the websites at the price indicated therein at any time from any location.
YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not ADPL or websites, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the sites for any of the following:
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for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
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You acknowledge and agree that in addition to the restrictions set out anywhere in this conditions, you will ensure that any image or communication sent/uploaded by you: (i) does not belong to another person, in relation to which you do not have any right; or (ii) such image is not defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethically objectionable; or (iii) is not harmful to child; (iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate another person; or (vi) does not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not contain indecent representation of women in any form; or (viii) violates any law for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder (as applicable).
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to deceive or mislead the addressee about the origin of messages.
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DISCLAIMER
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the websites. You further acknowledge and undertake that you will use the websites to order products only for your personal use and not for business purposes.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, place, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications), trademarks, IP that is not otherwise mentioned in the websites against the product.
ADPL being a retailer and wholesaler, doesn’t verify nor endorses any representations made in the product separately by the manufacturer/vendors unless mentioned explicitly in the websites.
Any information as provided in the website are for the representation only. While we have taken precautions to avoid inaccuracies in content of these websites, all content, information (including the price of products), products, services and related graphics are provided as is, without warranty of any kind.
ACCURACY OF INFORMATION
We make no warranties regarding the accuracy of the information on the website. However, you are always welcome to contact us, if you find incorrect information on the website. We are entitled to change the content of the website at any time without preceding notice. If the website links to a third-party website, the websites make no warranties for the content of the third party website. These links are made for your convenience only, but it is at your own risk when you visit a third-party website. You further acknowledge that you doesn’t held the ADPL, its subsidiaries, affiliates and their respective officers, directors, agents and employees responsible for any losses, you may incur for any information as represented in the websites from time to time.
INDEMNITY AND RELEASE
You shall indemnify and hold harmless ADPL, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release ADutta Designs (OPC) Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
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COMMUNICATIONS
By visiting the websites, you are communicating with us electronically. You will be required to provide a valid phone number/email address and a physical address of delivery while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
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LOSSES
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
FORCE MAJURE
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
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WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
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INTELLECTUAL PROPERTY CLAIMS
ADutta Designs (OPC) Private Limited respect the intellectual property of others. ADPL being a retailer, doesn’t verify any IP or trademarks submitted by its vendors. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write us at care@aduttaweb.com.
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TRADEMARKS
DENIMO.IN, DENIMO, THE DENIMO LOGO, DENIMO.STYLE and other marks indicated on our website are prospective trademarks of ADutta Designs (OPC) Private Limited. Denimo's trademarks and trade dress may not be used in connection with any product or service that is not sold at Denimo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Denimo. All other trademarks not owned by ADutta Designs (OPC) Private Limited that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ADPL
All names, brands, trademarks and logos on the website are the property of respective owners.
Downloading content from the website is only allowed for personal, non-commercial use, provided you keep (any) copyright intact. You may not copy, republish or distribute content from the website for public or commercial purposes or otherwise use the copyrighted content without permission from ADPL or their respective owners, as the case may be.
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GRIEVANCES
In case of any grievance or any suggestions, please feel free to write at care@denimo.in