Terms of service

Last updated on 12th September 2023 

We value the trust you place in D BADAMI FASHION CONNECTION LLP. That's why we insist upon you reading these Terms of Use carefully. The Terms of Use and policies about Privacy, Fees, Payments, Promotions, Delivery, Returns and Refund together shall form the entire Terms of Use.  

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on the website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern D. BADAMI FASHION CONNECTION LLP''s relationship with you in relation to this website.

The term 'D. BADAMI FASHION CONNECTION LLP' or 'us' or 'we' refers to the owner of the website whose registered/operational office is 2nd Floor, H No. 5528, Gala No. A/201, Mahipatrai Chamber, Kalyan Road, Bhiwandi Thane MAHARASHTRA 421302. The term 'you' refers to the user or viewer of our website.

  • What is this Document?  

1.1  These terms of use, read together with the (i) privacy policy, (ii) payment policy, (iii) delivery policy, (iv) cookie policy, (v) return and refund policy and (vi) copyright policy constitute a legal and binding agreement between you and D BADAMI FASHION CONNECTION LLP, having its registered office at 39B, Kewal Industrial Estate, Senapati Bapat Marg, Lower Parel, Mumbai – 400030, Maharashtra, India ("D BADAMI FASHION CONNECTION LLP")  

1.2.  The Agreement, inter alia, provides the terms that govern your access to use (i) D BADAMI FASHION CONNECTION LLP website  www.dbadami.com, and its mobile and tablet applications (“Platforms”), (iii) D BADAMI FASHION CONNECTION LLP online lifestyle and fashion merchandise which inter alia facilitates sale and purchase of lifestyle and fashion merchandise (“Products”) through the Platforms, and (iv) the purchase of Products, and any other service that may be provided by D BADAMI FASHION CONNECTION LLP from time to time (collectively referred to as the “Services”).  

1.3.  You hereby understand and agree that the Agreement forms a binding contract between D BADAMI FASHION CONNECTION LLP and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”)and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.  

  • Terms and Conditions Applicable to Users  

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information.

  • You may not create a link to this website from another website or document without D. BADAMI FASHION CONNECTION LLP’s prior written consent.

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time

2.1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to D BADAMI FASHION CONNECTION LLP that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should D BADAMI FASHION CONNECTION LLP be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, D BADAMI FASHION CONNECTION LLP reserves the right to deactivate such User’s account without further notice.  

2.2.  The Agreement is governed by the provisions of Indian law, including, but not limited to:  

  • 2.1.  the Indian Contract Act, 1872;  
  • 2.2.  the Information Technology Act, 2000;  
  • 2.3.   the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)and;  
  • 2.4.   the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).  

2.3. The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of D BADAMI FASHION CONNECTION LLP, be (“D BADAMI FASHION CONNECTION LLP Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the D BADAMI FASHION CONNECTION LLP Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the D BADAMI FASHION CONNECTION LLP Content in any way for any public or commercial purpose or for personal gain.  
  
2.4. D BADAMI FASHION CONNECTION LLP authorises you to view and access the D BADAMI FASHION CONNECTION LLP Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. D BADAMI FASHION CONNECTION LLP, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the D BADAMI FASHION CONNECTION LLP Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of D BADAMI FASHION CONNECTION LLP Content.   
  
2.5. As means to assist the Users in identifying the Products of their choice, D BADAMI FASHION CONNECTION LLP provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, D BADAMI FASHION CONNECTION LLP disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.  
  
2.6. Users may make purchases on the Platforms. For the purposes of identifying a User, D BADAMI FASHION CONNECTION LLP may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.   
  
2.7. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.  
  
2.8. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, D BADAMI FASHION CONNECTION LLP acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.  
  
2.9. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if D BADAMI FASHION CONNECTION LLP has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, D BADAMI FASHION CONNECTION LLP reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.  
  
2.10. All rights and liabilities of D BADAMI FASHION CONNECTION LLP with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that D BADAMI FASHION CONNECTION LLP shall not be held liable for any transaction between you and any such third parties.  
  
2.11. You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from D BADAMI FASHION CONNECTION LLP on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, D BADAMI FASHION CONNECTION LLP acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by D BADAMI FASHION CONNECTION LLP (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from D BADAMI FASHION CONNECTION LLP that the Product will be delivered. D BADAMI FASHION CONNECTION LLP acceptance to your offer to purchase shall occur and conclude only when the Products have been despatched by D BADAMI FASHION CONNECTION LLP and a text message and/or email confirming such despatch has been sent to you. D BADAMI FASHION CONNECTION LLP, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.   
  
2.12. Any communication from D BADAMI FASHION CONNECTION LLP shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, D BADAMI FASHION CONNECTION LLP may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While D BADAMI FASHION CONNECTION LLP shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, D BADAMI FASHION CONNECTION LLP shall not be held liable for any failure to send such notifications or reminders to you.  
  
2.13. D BADAMI FASHION CONNECTION LLP may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. D BADAMI FASHION CONNECTION LLP may also alter or remove any content from the Platforms without notice.  
  
2.14. While D BADAMI FASHION CONNECTION LLP shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, D BADAMI FASHION CONNECTION LLP shall not be liable for any interruption that may be caused to your access or use of the Services.  
  
2.15. Access to and registration on the Platforms is free of cost. Although unlikely, D BADAMI FASHION CONNECTION LLP may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by D BADAMI FASHION CONNECTION LLP without serving prior notice on the Users.   

2.16. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. D BADAMI FASHION CONNECTION LLP does not covenant or warrant that:  

  • 16.1.   the Services will be made available at all times;  
  • 16.2.   the D BADAMI FASHION CONNECTION LLP Content available on the Platforms is complete, true, accurate or non-misleading; and  
  • 16.3.   the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.  

  
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.  

   

   

   

  • User Covenants and Obligations  

   

3.1.   As mandated under the provisions of Regulation 3(2) of the IG Rules, D BADAMI FASHION CONNECTION LLP hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:  

  • 1.1.   belongs to another person and to which you do not have any right;  
  • 1.2.   is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;  
  • 1.3.   harms minors in any way;  
  • 1.4.   infringes any patent, trademark, copyright or other proprietary rights;  
  • 1.5.   violates any law for the time being in force;  
  • 1.6.   deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;  
  • 1.7.   impersonates or defames another person; or  
  • 1.8.   contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.  

3.2.   You are also prohibited from:  

  • 2.1.   violating or attempting to violate the integrity or security of the Platforms or the D BADAMI FASHION CONNECTION LLP Content;  
  • 2.2.   transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by D BADAMI FASHION CONNECTION LLP;  
  • 2.3.   intentionally submitting on the Platforms, false or inaccurate information;  
  • 2.4.   using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;  
  • 2.5.   attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or  
  • 2.6.   copying or duplicating in any manner any of the D BADAMI FASHION CONNECTION LLP Content.  

3.3.   You are also obligated to:  

  • 3.1.   refrain from acquiring any ownership rights by downloading the D BADAMI FASHION CONNECTION LLP Content;  
  • 3.2.   read the Agreement and agree to accept the terms and conditions set out therein;  
  • 3.3.   refrain from copying or modifying the D BADAMI FASHION CONNECTION LLP Content available on the Platforms for any purpose;  
  • 3.4.   comply with all applicable laws in connection with your use of the Platforms;  
  • 3.5.   not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and  
  • 3.6.   use the Products for personal, non commercial use.  

  
  
  

3.4.   You hereby authorise D BADAMI FASHION CONNECTION LLP to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, non commercial use.  

3.5.   D BADAMI FASHION CONNECTION LLP may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, D BADAMI FASHION CONNECTION LLP can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by D BADAMI FASHION CONNECTION LLP as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between D BADAMI FASHION CONNECTION LLP or any person on its behalf and the User or where you have consented to such data transfer.  

  • Third Party Information  

4.1.   All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. D BADAMI FASHION CONNECTION LLP is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.  

4.2.   Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.  

  • Intellectual Property Rights  

5.1.   All the intellectual property used on the Platforms by D BADAMI FASHION CONNECTION LLP, including the D BADAMI FASHION CONNECTION LLP Content, shall remain the property of D BADAMI FASHION CONNECTION LLP, its associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of D BADAMI FASHION CONNECTION LLP, its associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.   

5.2.   If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@dbadami.com and let us know of your concerns.  

  • Unlawful or Prohibited Use  

You warrant to D BADAMI FASHION CONNECTION LLP that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Agreement or under applicable law.   

 

  • Limitation of Liability  
     

7.1. D Badami Fashion Connection LLP (including its officers, partners, employees, representatives, affiliates and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by Us or any Facility Provider, even if we have been advised of the possibility of damages to such parties or any other party, or (iv) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Website or Your downloading of any content from the Website. However, since D Badami Fashion Connection has no control over such third-party websites, You acknowledge and agree that D Badami Fashion Connection is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that D Badami Fashion Connection shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party websites may have separate terms and conditions and privacy policy, and which are independent of D Badami Fashion Connection and therefore, we advise You to read the terms of use and conditions available on such websites before You access any such third- party website. 

7.2. You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. D BADAMI FASION CONNECTION LLP shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.  

7.3. D BADAMI FASION CONNECTION LLP does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.  

7.4. The maximum aggregate liability of D BADAMI FASION CONNECTION LLP, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand). 

7.5. D Badami Fashion Connection does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. 

7.6. All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. D Badami Fashion Connection shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website. 

 

  • Indemnity  

You hereby agree to indemnify and hold harmless D BADAMI FASHION CONNECTION LLP , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with D BADAMI FASHION CONNECTION LLP, (iv) action or inaction on behalf of D BADAMI FASHION CONNECTION LLP ’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. D BADAMI FASHION CONNECTION LLP shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide D BADAMI FASHION CONNECTION LLP with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.  

   

  • Severability  

If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.  

  • Term and Termination  

10.1.   The Agreement will remain in full force and effect while you use any Service in any form or capacity.  

10.2.   D BADAMI FASHION CONNECTION LLP reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if D BADAMI FASHION CONNECTION LLP is unable to verify or authenticate any information you submit to it.  

10.3.   The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.  

10.4.   It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.  

10.5.   Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.  

  • Dispute Resolution and Governing Law  

11.1.   The Agreement and any contractual obligation between D BADAMI FASHION CONNECTION LLP and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.  

11.2.   All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. D BADAMI FASHION CONNECTION LLP and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.  

11.3.   Arbitration awards shall be reasoned awards and shall be final and binding on D BADAMI FASHION CONNECTION LLP and the disputing User, and shall be enforceable in any court of competent jurisdiction.  

  • Waiver  

D BADAMI FASHION CONNECTION LLP ’s failure to enforce any provision of the Agreement or respond to a breach by a User or User shall in no way imply a waiver of D BADAMI FASHION CONNECTION LLP right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User or User.  

  • Notices  

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:  
  
Postal Address: D BADAMI FASHION CONNECTION LLP   
                                50, Kewal Industrial Estate,   
                                Senapati Bapat Marg,  
                                Lower Parel, Mumbai - 400013   
                                Maharashtra, INDIA   
  
  

Email Address:  support@dbadami.com  

  • Interpretation  

14.1.   Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.  

14.2.   Words denoting the singular shall include the plural and words denoting any gender shall include all genders.  

14.3.   The words “include” and “including” are to be construed without limitation.   

   

  1. Links and Third Party Sites 

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. D BADAMI FASHION CONNECTION LLP is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You are required to carefully review the terms and conditions and privacy policies of all website pages and other websites that you visit via the Website/Application.  

   

Website/Application does not control the content or links that appear on the third party websites and is not responsible for the practices employed by these websites linked to or from our Website/Application, even if users may find content on our site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. The content and links provided of these sites or services can constantly change. Browsing and interaction on these websites or any other website whose link is on our Website/Application, is subject to that website’s own terms and conditions, privacy policies and customer service policies.  

   

You are advised to deal with the services of our partners, suppliers, advertisers, sponsors, licensors and other third parties on your own risk, if you intend to.  

By allowing such advertisements, D BADAMI FASHION CONNECTION LLP does not recommend or market or warranty the advertisers, the quality, commitment, deliverables, fitness for consumption, reasonability of their products/services or the advertisers commitment to protect your Personal Interest.  

   

  1. User Account, Password and Security 

User of the Platform shall be responsible for maintaining the confidentiality of their Display Name and Password and they shall be responsible for all activities that occur under their Display Name and Password. User agrees that if the they provide any information that is untrue, inaccurate, not current or incomplete, D BADAMI FASHION CONNECTION LLP shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.  

User agrees to immediately notify D BADAMI FASHION CONNECTION LLP of any unauthorized use/breach of your password or account and ensure that User exit from their account at the end of each session.  

  1. Platform for Transaction and Communication 

   

Users utilize to meet and interact with one another for their transactions on D BADAMI FASHION CONNECTION LLP Marketplace. D BADAMI FASHION CONNECTION LLP is not and cannot be a party to or control in any manner any transaction between D BADAMI FASHION CONNECTION LLP’s Users. Hence:  

  • All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.  

D BADAMI FASHION CONNECTION LLP does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.  

   

  • D BADAMI FASHION CONNECTION LLP does not make any representation or Warranty as to specifics (such as quality, value, salability etc) of the products or services proposed to be sold or offered to be sold or purchased on the Marketplace. D BADAMI FASHION CONNECTION LLP accepts no liability for any errors or omissions, whether of itself or third parties.  

   

  • D BADAMI FASHION CONNECTION LLP is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. D BADAMI FASHION CONNECTION LLP cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. D BADAMI FASHION CONNECTION LLP shall not is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.  

   

  • At no time shall D BADAMI FASHION CONNECTION LLP hold any right, title or interest over the products nor shall D BADAMI FASHION CONNECTION LLP have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.  

   

  • D BADAMI FASHION CONNECTION LLP is only a platform that can be utilized by Users to reach a large base to buy and sell products or services. D BADAMI FASHION CONNECTION LLP is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be strictly bipartite contract between the Buyer and Seller. At no time shall D BADAMI FASHION CONNECTION LLP hold any right, title or interest over the products nor shall D BADAMI FASHION CONNECTION LLP have any obligations or liabilities in respect of such contract. D BADAMI FASHION CONNECTION LLP is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.  

   

  • Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller maybe incorrectly reflected and in such an event seller may cancel your such order(s).  

   

  • You release and indemnify D BADAMI FASHION CONNECTION LLP and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the D BADAMI FASHION CONNECTION LLP and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, D BADAMI FASHION CONNECTION LLP cannot take responsibility or control the information provided by other Users which is made available on the Platform.  

   

  1. PAYMENT 

While availing any of the payment method/s available on website, D BADAMI FASHION CONNECTION LLP will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:  

   

  • Lack of authorization for any transaction/s, or  
  • Exceeding the preset limit mutually agreed by You and between “Bank/s”  
  • Any payment issues arising out of the transaction, or  
  • Decline of transaction for any other reason/s  

   

  1. GOVERNING LAW AND JUDRISDICTION 

D BADAMI FASHION CONNECTION LLP is an Indian Proprietorship, by agreeing to the terms and condition you agree that in case of any dispute you will be governed by laws of India and exclusive jurisdiction lies with the court of Mumbai.   

  

COPYRIGHT NOTICE  

D BADAMI FASHION CONNECTION LLP respects intellectual property of others. If you are of the opinion that your work has been replicated in a manner that establishes trademark or copyright infringement, it would be ideal if you present your grievance by writing to copyright@dbadami.com. We will immediately respond to the rights of owners with any concerns they may have about any alleged IP disputes. D BADAMI FASHION CONNECTION LLP claims the right to look for any additional information and documents from the complainant prior to acting on a complaint.   
  
D BADAMI FASHION CONNECTION LLP reserves all its rights under law. To claim a copyright or trademark complaint, please provide us with the following information :   
  
• A brief description of the Intellectual Property rights you believe has been infringed along with details of statutory protection, if any,   
  
• Name, address, telephone number and e-mail address.   
  
• Brief description and weblink of the product you claim to be infringed   
  
• A statement in writing under penalty of perjury, stating that the above information is true and that you are the right IP owner or are authorised to act on behalf of the copyright owner and that the work in which the copyright is questioned is an original work.  

  

Payment Policy  

   

  • What is this Payments and Fee Policy?  

2.1. This payments and Fee policy (“PP policy”), together with the terms and conditions describes D BADAMI FASHION CONNECTION LLP accepted payment methods, and D BADAMI FASHION CONNECTION LLP policies and procedures in relation to acceptance of payments towards the services offered through the Platforms. D BADAMI FASHION CONNECTION LLP primary object is to ensure that the Platforms are user friendly and equipped with reasonably expected security infrastructure to protect any financial information which may be shared by Users.  

2.2. Users are required to peruse and understand the terms of this PP Policy. If you do not agree to the terms contained in this PP Policy, you are advised not to accept the Terms of Use and this PP Policy and may forthwith leave and stop using the Platforms. The terms contained in this PP Policy shall be accepted without modification and accordingly, you agree to be bound by the terms contained herein.  

  • Payment Options  

3.1. D BADAMI FASHION CONNECTION LLP does not levy any fee for browsing the Platforms. D BADAMI FASHION CONNECTION LLP may, in future, consider levying fees on the Users for using the Platforms as a whole, or for use of certain features of the Platforms. In such an event, you agree to pay any such fees, as applicable. D BADAMI FASHION CONNECTION LLP does not covenant or guarantee providing you with a notice prior to enforcing such a levy of fees. Your continued usage of the Platforms after such change in the fees will be considered to be your acceptance of such changes.  

3.2. In order to ensure User convenience, D BADAMI FASHION CONNECTION LLP offers multiple payment options to Users. D BADAMI FASHION CONNECTION LLP, without prior notice to Users, reserves the right to add or delete payment options from the ones listed below:  

  • 2.1. Payment through net banking facilities;  
  • 2.2. Payment through select credit cards;  
  • 2.3. Payment through select debit cards;  
  • 2.4. Payments through cash on delivery;  
  • 2.5. Any other payment option as may be provided by D BADAMI FASHION CONNECTION LLP from time to time.  

The payment options referred to above shall hereinafter collectively be referred to as “Payment Options”. All the payments are processed through third party named CC Avenue.  

3.3. It is expressly clarified that accepting a User’s payment through the Payment Options is solely at D BADAMI FASHION CONNECTION LLP discretion. D BADAMI FASHION CONNECTION LLP reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User’s transaction, D BADAMI FASHION CONNECTION LLP may request the User to submit a copy of the User’s photo identity proof (such as the User’s PAN card), failing which, D BADAMI FASHION CONNECTION LLP reserves the right to reject a User’s payment made through the Payment Options.  

3.4. While using the Payment Options, Users agree to provide correct, complete and accurate financial information such as credit/debit card details which may be stored by D BADAMI FASHION CONNECTION LLP third party payment gateway provider. Users shall not use a credit/debit card which is not lawfully owned by him/her or which the User has not been lawfully authorised to use. The User shall solely be responsible for the security and confidentiality of his/her financial information. D BADAMI FASHION CONNECTION LLP disclaims all liabilities that may arise as a consequence of any unauthorised use of the User’s financial information and/or identity, including, details relating the Payment Options.  

3.5. D BADAMI FASHION CONNECTION LLP shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a User owing to:  

  • 5.1. a lack of authorisation for any transaction, including such transactions carried out on gift cards and vouchers issued to Users as a part of D BADAMI FASHION CONNECTION LLP promotions;  
  • 5.2. the exceeding of the credit/debit limit mutually agreed between the User and the issuing bank;  
  • 5.3. any payment issue arising out of technical glitches occurring during a transaction; or  
  • 5.4. a declination of transaction for reasons beyond D BADAMI FASHION CONNECTION LLP control.  

3.6. D BADAMI FASHION CONNECTION LLP reserves the right to impose limits on the number of transactions a User may undertake over the Platforms. Should the User exceed such transaction limits imposed by D BADAMI FASHION CONNECTION LLP, D BADAMI FASHION CONNECTION LLP reserves the right to refuse to process such transactions. D BADAMI FASHION CONNECTION LLP may refuse to process transactions emanating from Users who have suspicious or questionable transaction history on the Platforms. Should D BADAMI FASHION CONNECTION LLP be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the Platforms, D BADAMI FASHION CONNECTION LLP shall have the right to reject such transactions. D BADAMI FASHION CONNECTION LLP may also choose to delay the dispatch of Products purchased by such Users or cancel the entire purchase at its sole discretion. The User agrees that D BADAMI FASHION CONNECTION LLP shall not be liable for any damage, interests or claims resulting from D BADAMI FASHION CONNECTION LLP decision to not process a transaction or delay in the processing of a transaction on account of a User’s suspicious activity on the Platforms.  

3.7. Unless specified otherwise, all the Products listed on the Platforms shall be sold in Indian Rupees either at maximum retail price or at an offer or discounted price, with or without applicable taxes. Despite D BADAMI FASHION CONNECTION LLP best efforts, there may be instances of mispricing of Products on the Platforms during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the Platforms, errors and discrepancies arising out of technical glitches and time lags is unavoidable. For avoidance of doubt, D BADAMI FASHION CONNECTION LLP curative actions that will arise in the event of a price difference arising on the actual maximum retail price of a Product against the price published on the Platforms is set out below:  

  • 7.1. If the maximum retail price of the Product delivered to the User is lower than the price published on the Platforms, the User shall, within 24 (twenty four) hours from the time when he/she received the Product, intimate D BADAMI FASHION CONNECTION LLP by writing to support@dbadami.com, in each case resulting in an acknowledgment. Upon D BADAMI FASHION CONNECTION LLP being satisfied of the User’s claim, the difference in the purchase price against the maximum retail price shall be refunded into the User’s D BADAMI FASHION CONNECTION LLP Wallet or transferred into the User’s bank account within 1 (one) day from the date of receiving the written notice from the User.  
  • 7.2. If the maximum retail price of the Product listed on the Platforms is higher than what has been published and if D BADAMI FASHION CONNECTION LLP is not providing an offer or discount on such Products, D BADAMI FASHION CONNECTION LLP shall have the right to reserve the despatch of the purchased Products until the error on the Platforms have been rectified and the User pays the difference amount. If the User refuses to pay the difference, the User is entitled to seek a cancellation and the monies paid by the User shall be refunded into the User’s D BADAMI FASHION CONNECTION LLP Wallet or transferred into the User’s bank account within 7 (seven) days by D BADAMI FASHION CONNECTION LLP.  
  • 7.3. In order to process such refunds, the User will be required to send an email to D BADAMI FASHION CONNECTION LLP at support@dbadami.com. Thereafter, the User will receive a refund if the initial mode of payment for the order was ‘cash on delivery’. If the initial mode of payment for the order was through a Payment Option other than the ‘cash on delivery’ option, D BADAMI FASHION CONNECTION LLP may transfer the refund to the User’s source account that was used to make the initial payment.  

3.8. To enable Users to make payments for buying Products on the Platforms, in addition to this PP Policy, the terms and conditions of the User’s bank, applicable financial institution and/or card issuing association may be applicable. The User’s bank, financial institution or card issuing association may decline or prevent the User from making electronic payments for buying the Products on the Platforms and D BADAMI FASHION CONNECTION LLP does not control the same and hence, shall not be at any point in time held liable.  

3.9. D BADAMI FASHION CONNECTION LLP may, from time to time contract with third party payment service providers including banks, to open nodal bank accounts under applicable Indian laws. This will be done to facilitate the payments between Users and other third parties, apart from D BADAMI FASHION CONNECTION LLP. These third parties may include other service providers including payment aggregators, courier and logistic service providers etc. Upon successful delivery of the Products purchased by you through the Platforms, D BADAMI FASHION CONNECTION LLP shall initiate payments to third party service providers.  

3.10. If it is brought to the User’s notice that a charge has been created on his/her payment instrument(s) for purchase of Product(s) on the Platforms and the User is not aware of such purchase on the Platforms, the User is first, required to verify if his/her family members, friends or business colleagues were authorised to carry out the purchase of Product(s) on the Platforms. If, despite this, the User continues to be unable to identify the charge created on his/her payment instrument(s) for purchase of Product(s) on the Platforms, the User may report such unauthorised purchase to D BADAMI FASHION CONNECTION LLP within 30 (thirty) days from the date on which the unauthorised purchase was carried out on the Platforms in order to enable D BADAMI FASHION CONNECTION LLP initiate investigations.  

3.11. If the User carries out a purchase on the Platforms and the payment in lieu thereof has been invalidated, D BADAMI FASHION CONNECTION LLP reserves the right to retrieve the invalidated payment (“Invalidated Payment”) from the User’s D BADAMI FASHION CONNECTION LLP Wallet. Should the User have insufficient balance in his/her D BADAMI FASHION CONNECTION LLP Wallet in order to facilitate such redemption of the Invalidated Payment, the User shall within 5 (five) business days from the date of receiving a written notice from D BADAMI FASHION CONNECTION LLP, remit the Invalidated Payment into D BADAMI FASHION CONNECTION LLP bank account, details of which shall be set out in the notice. If the User fails to remit the Invalidated Payment into D BADAMI FASHION CONNECTION LLP bank account despite having received the notice, D BADAMI FASHION CONNECTION LLP shall be entitled to initiate civil and/or criminal legal action against the defaulting User at his/her cost and peril.  

3.12. Cash on Delivery: The ‘cash on delivery’ Payment Option allows Users to make a cash-only payment to D BADAMI FASHION CONNECTION LLP delivery executive or logistic partner at the time of delivery of the purchased Product to the User. Presently, D BADAMI FASHION CONNECTION LLP offers a maximum order value of INR 10,000 (Indian Rupees Ten Thousand) under the cash on delivery Payment Option. D BADAMI FASHION CONNECTION LLP reserves the right not to provide cash on delivery Payment Option for certain Products (these could be Products specified by D BADAMI FASHION CONNECTION LLP or Products with value exceeding a specified amount) or locations. Users are required to peruse and accept the terms set out under the Return and Refund Policy which sets out the terms of refunds for transactions carried out using the cash on delivery Payment Option.  

3.13. D BADAMI FASHION CONNECTION LLP Wallet: The ‘D BADAMI FASHION CONNECTION LLP Wallet’ payment option is a closed loop prepaid payment instrument provided by D BADAMI FASHION CONNECTION LLP on the Platforms in order to facilitate the payment only for purchase of Products. If a User cancels an order for which payment has already been made to D BADAMI FASHION CONNECTION LLP, the User shall have an option to credit the monies paid towards the order into his/her D BADAMI FASHION CONNECTION LLP Wallet. In addition to paragraph 3.7.3 above, any and all refunds with respect to Product(s) purchased through the ‘cash on delivery’ Payment Option may be transferred into the User’s D BADAMI FASHION CONNECTION LLP Wallet. The balance lying in a User’s D BADAMI FASHION CONNECTION LLP Wallet can be used by such User for future purchases only on the Platforms,and will not be refunded back to the User unless permitted under applicable laws.In the eventuality of a User wishing to deactivate his/her account with D BADAMI FASHION CONNECTION LLP, the User agrees that all monies lying in the User’s D BADAMI FASHION CONNECTION LLP Wallet, if any, will automatically stand forfeited, and D BADAMI FASHION CONNECTION LLP will not be required to process any refunds in any manner whatsoever. The User therefore agrees to use and exhaust any balance in his/her D BADAMI FASHION CONNECTION LLP Wallet prior to requesting for a deactivation of his/her account on the Platforms. Notwithstanding anything to the contrary, any refund of store credit to customers will be at the sole discretion of D BADAMI FASHION CONNECTION LLP. If D BADAMI FASHION CONNECTION LLP suspects any fraudulent activities, D BADAMI FASHION CONNECTION LLP reserves its right to hold back transfer of any store credits to customers.  

3.14. Promotional activities. D BADAMI FASHION CONNECTION LLP may, at its sole discretion, credit monies into the Users’ D BADAMI FASHION CONNECTION LLP Wallets pursuant to discounts offered by it or specified third parties as a part of various promotional events organised by D BADAMI FASHION CONNECTION LLP from time to time, and subject to such terms and conditions as notified by D BADAMI FASHION CONNECTION LLP at the time of such promotions. Such promotions may be structured in any manner as may be decided by D BADAMI FASHION CONNECTION LLP in its sole discretion. For example, the accounts of the Users may be credited with virtual points/coins based on the terms and conditions of various promotions, and a specified number of such points/coins may translate into discounts offered to the Users (by way of credit of monies into the Users’ D BADAMI FASHION CONNECTION LLP Wallets) at certain specified/pre-determined events.  

Grievance officer 

Ms. Shreya Jain 

Email: shreya@dhingar.com | Phone: 9819670218 

D BADAMI FASHION CONNECTION LLP  
50, Kewal Industrial Estate,  
Senapati Bapat Marg, Lower Parel  
Mumbai – 400013, Maharashtra