Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.thedashami.com website.

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("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.

General

Thedashami.com (“Website” or “thedashami.com”) service provided by “Delineates”.

This website, and the associated domain, is owned and operated by Delineates. or its affiliates (' thedashami.com, 'we' or 'us' ). With its Corporate office at Mantri Lavendula, Mulshi Road, Pune 411021, India. In using the thedashami.com service, of Delineates you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website, and till such time any service subscribed to, or associated with this Website is provided to you

We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Delineates. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Delineates. You may not modify, distribute or re-post something on this website for any purpose.

Accuracy of content

thedashami has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of Taxes. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, thedashami disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. thedashami shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

Eligibility

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. Such persons are also prohibited from purchasing any material which is for consumption the sale or purchase of which to/by minors are strictly prohibited.

thedashami.com reserves the right to terminate your membership and refuse to provide you with access to the website if thedashami.com discovers that your membership has been suspended or terminated by thedashami.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this web from India. thedashami.com makes no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

Delivery

thedashami.com will deliver the products only within in India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if thedashami.com receives a order from such states or to be delivered to such states under such circumstances thedashami.com retains the right to accept or reject the order.

Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. thedashami.com will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail not withstanding any variance with any other terms of any order submitted. By using the services of thedashami.com you agree to be bound by the Terms and Conditions.

Account and Registration Obligations

Your Information is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature or a written letter or form mailed or submitted to any of our stores and offices. We will protect your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. thedashami shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any un-authorized use of your password you should notify us by contacting us immediately through the address provided in the beginning of this agreement. If thedashami.com has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to thedashami.com.

thedashami.com does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to thedashami.com will be deemed non-confidential. By submitting any such information, you are granting thedashami.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so. You also agree and confirm:

 

Restrictions

You shall not use the Website for any of the following purposes:

 

Quantity Restrictions

 

thedashami.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. thedashami.com also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

 

Exactness Not Guaranteed

 

thedashami.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user.

 

Pricing

While thedashami.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. thedashami.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, thedashami.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, thedashami.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and thedashami.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. thedashami may process payment against your order prior to the dispatch of the order, and payment account may be debited prior to thedashami.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your payment account.

 

TAXES
Reduced price will be inclusive of All TAXES, unless otherwise mentioned

 

In case of mispricing

Despite our best efforts, a small number of the many hundreds of items in our catalogue may occasionally be mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item, or shall provide a refund of the difference amount. If a product's correct price is higher than our stated price, we may at our sole discretion, cancel your order and notify you of that cancellation.

Prices and availability are subject to change without notice.

 

Cancellation

 

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your payment account has been charged, the said amount will be credited into your thedashami.com account or reversed back in your payment account, in accordance with our Cancellation policy within reasonable time.

We will seek authorization on your card/payment account, or debit the same, for the aggregate amount of the order placed by you. However, we may charge your card, or retain debit from your payment account only with the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, or received a credit from your payment account, against any part of your order , which we do not accept or fulfil will not be charged to you, or retained by us. Such amounts, if already charged. to your card / bank account, will be refunded within reasonable time, as a credit into your thedashami.com account, or to your card/payment account. thedashami.com reserves the right to capture / charge your card to the full or partial authorized amount for the concerned order, subject to this condition.

 

Cancellation of Fraudulent Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, thedashami.com reserves the right to cancel pending and future orders without any liability. Any promotional voucher used for the cancelled orders may not be refunded.

Cancellations by the customer

You may cancel your order or some items in your order before we dispatch the items.

In case we receive a cancellation notice and the order has not been processed /approved by us, we shall cancel the order and refund the entire amount, if any, charged to your payment account. Such refund will be made as a credit into your thedashami.com account, or payment account. The customer agrees not to dispute the decision made by thedashami.com and accept thedashami.com decision regarding the cancellation. You may also exchange the merchandise or get a refund by returning the merchandise (with the exception of certain items as specified in our “Cancellation Policy”) in unused, saleable condition in its original packaging along with original tags, for a return or an exchange, within 15 days from the date on which these goods are delivered. thedashami.com does not accept returns or exchanges of all electronic items & appliances, fine jewellery, perfumes, watches, confectionery, or any personalized/ altered items.

Returns through courier collection:

Financial Details

You agree, understand and confirm that the credit / debit card details or other payment or financial details provided by you for availing of services on thedashami.com will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our payment gateway/ acquiring bank and not stored by thedashami.com. To the extent permitted by applicable law, thedashami.com will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

 

Fraudulent /Declined Transactions

thedashami.com and its associated payment gateway/acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. thedashami.com and its associated payment gateway/acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Colors and Sizes

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Any images of products on our Website do not represent the actual dimensions of the product.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to thedashami.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain thedashami.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to thedashami.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, thedashami.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. thedashami.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. thedashami.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.

Copyright & Trademark

thedashami.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of thedashami.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to thedashami.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of thedashami.com. You may not modify, distribute or re-post anything on this website for any purpose.

The thedashami.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Delineates. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply thedashami.com endorsement, sponsorship or recommendation of the third party, information, product or service.

thedashami.com is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of thedashami.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by thedashami.com ,one of its affiliates or by third parties who have licensed their materials to thedashami.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of thedashami.com and is also protected by Indian and international copyright laws.

 

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, thedashami.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you. Indemnity

 

You agree to defend, indemnify and hold harmless thedashami.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to thedashami.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or thedashami.com. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.

thedashami.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to thedashami.com. Upon any termination of the User Agreement by either you or thedashami.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. thedashami.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.

The Website provides content from other Internet websites or resources and while thedashami.com tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. thedashami.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, thedashami.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of thedashami.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.

thedashami.com its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, thedashami.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

 

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and thedashami.com with respect to the thedashami.com websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and thedashami.com with respect to the thedashami.com websites/services. thedashami.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Nagpur India shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Delineates. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Nagpur The High Court of judicature at Nagpur alone shall have the jurisdiction and the Laws of India shall apply.

Modification of Terms and conditions of Service

thedashami.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we may inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on thedashami.com. You can access the latest version of the User Agreement at any given time on thedashami.com. You should regularly review the User Agreement on thedashami.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service, after such changes are made in this Agreement, you shall be deemed to have agreed to accept and abide by the modified User Agreement.