OVERVIEW
Welcome to DARGAN IMPEX. The terms "we", "us" and "our" refer to DARGAN IMPEX. DARGAN IMPEX operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). The website is powered by Shopdeck, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority applicable to you, and you have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person or location on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. DARGAN IMPEX reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until DARGAN IMPEX confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as DARGAN IMPEX may be unable to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing details and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping or handling charges.
Prices posted in our online store may differ from prices offered through other sales channels. We may offer promotions on the Services from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct and complete, that you are duly authorized to use the selected payment method, and that you will pay all charges incurred by you at the posted prices, including applicable shipping, handling and taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control. Once products are transferred to the delivery carrier, delivery will be subject to the carrier's applicable processes and conditions.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection and arrangement thereof, are owned by DARGAN IMPEX or used by DARGAN IMPEX with appropriate authorization.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property right belonging to DARGAN IMPEX, Shopdeck or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by DARGAN IMPEX.
DARGAN IMPEX's names, logos, product and service names, designs and slogans are trademarks or other intellectual property of DARGAN IMPEX or their respective owners, as applicable. You must not use such intellectual property without appropriate prior written permission. Shopdeck's intellectual property remains the property of its respective owner.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we may neither monitor nor have control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools to the extent permitted by applicable law.
Any use by you of optional tools offered through the website is at your own discretion, and you should ensure that you understand and approve the terms on which tools are provided by the relevant third-party provider.
We may also offer new features through the Services, including new tools and resources. Such new features shall be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party materials or websites, you do so at your own discretion.
We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content offered by third parties, subject to applicable law.
Please carefully review the relevant third party's policies and practices before engaging in a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPDECK
The DARGAN IMPEX website is powered by Shopdeck, which provides technology and services that enable us to operate our online store.
Any sale or purchase you make through our store is made directly with DARGAN IMPEX. By using the Services, you acknowledge that DARGAN IMPEX is the seller responsible for products purchased through the store, subject to these Terms and applicable law.
Shopdeck's role is limited to providing the technology and related services used to operate the website, subject to the applicable arrangements between DARGAN IMPEX and Shopdeck.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy and applicable privacy and data protection requirements.
By using the Services, you acknowledge that you have read our Privacy Policy.
Information submitted through the Services may be processed by DARGAN IMPEX, Shopdeck and relevant service providers where necessary to operate the website, process orders, facilitate payments, provide customer support, prevent fraud, improve the Services and fulfil other legitimate business purposes as described in our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for purposes connected with operating, improving and promoting the Services, subject to applicable law.
You represent and warrant that you own or have all necessary rights to the Feedback you provide, that you have disclosed any compensation or incentives received in connection with your submission where required, and that your Feedback complies with these Terms.
Unless required by applicable law, we are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback or respond to your Feedback.
We may monitor, edit or remove Feedback that we determine violates applicable law, intellectual property rights, these Terms, or reasonable standards applicable to our Services.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other proprietary rights. You further agree that your Feedback will not contain unlawful, abusive or obscene material or any computer virus or malware that could affect the operation of the Services.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback. You are responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate applicable laws, regulations, rules or lawful requirements;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate against another person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms;
(g) to transmit unauthorized advertising or promotional material, including spam or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm DARGAN IMPEX, Shopdeck or users of the Services.
In addition, you agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit unauthorized portions of the Services; improperly collect or track personal information of others; engage in phishing or similar deceptive activities; improperly use automated systems to access the Services; or interfere with or circumvent security or authorization features.
We reserve the right to suspend, disable or terminate your account if we determine that you have violated these Terms, subject to applicable law.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an automated or semi-automated software agent ("Agent") to access, use or interact with the Services.
14.2 An Agent may access or interact with the Services only in accordance with these Terms and any technical or access requirements communicated by us.
14.3 We may use reasonable technical measures to limit or control how automated systems access and interact with the Services.
14.4 Agents must accurately identify themselves where required, must not conceal automated access, must not circumvent CAPTCHAs or other security controls, and must not attempt to bypass measures intended to block, limit, modify or control automated access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in accordance with these Terms and applicable law. You will remain responsible for amounts lawfully due up to the date of termination.
Provisions that by their nature should survive termination, including provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement and Governing Law, will continue to apply after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of information except where such warranty or obligation is required by applicable law.
Any reliance you place on such information is at your own discretion and risk, subject to rights and remedies that cannot lawfully be excluded.
Except as expressly stated by DARGAN IMPEX or required under applicable law, the Services and products offered through the Services are provided on an "as is" and "as available" basis.
To the extent permitted by applicable law, we do not guarantee that use of the Services will always be uninterrupted, timely, secure or error-free.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, DARGAN IMPEX and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors shall not be liable for indirect, incidental, punitive, special or consequential losses arising from use of the Services or products purchased through the Services where such liability may lawfully be excluded.
Nothing in these Terms excludes or limits any liability or consumer right that cannot be excluded or limited under applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless DARGAN IMPEX and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising from:
(1) your material breach of these Terms of Service;
(2) your violation of applicable law or the rights of a third party; or
(3) misuse of the Services by you.
Where appropriate, we will notify you of an indemnifiable claim. You agree to reasonably cooperate in the defence of such claims, including by providing relevant information and documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by DARGAN IMPEX in relation to the Services constitute the agreement between you and DARGAN IMPEX governing your use of the Services, subject to any additional terms expressly agreed between the parties and applicable law.
These Terms supersede prior versions of these Terms relating to use of the Services.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
DARGAN IMPEX may transfer or assign its rights and obligations in accordance with applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and the Services provided by DARGAN IMPEX shall be governed by and construed in accordance with the laws applicable in India.
Subject to applicable law and any mandatory consumer dispute-resolution requirements, disputes relating to these Terms or the Services shall be subject to the jurisdiction of the competent courts in Delhi, India.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the current version of the Terms of Service on our website.
We reserve the right to update, change or replace portions of these Terms of Service by posting updated Terms on our website, subject to applicable law.
Where required, we will provide notice of material changes. Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
Business Name: DARGAN IMPEX
Address:
Shop No. 6
Laxmi Bai Nagar Market
South Delhi, Delhi
GSTIN: 07AZHPD8381M1ZV
Website technology/platform: Shopdeck