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Terms and Conditions


DWEAR.

 

This document is an electronic record in terms of Information Technology Act, 2000 and it is in accordance with the provisions of Rule 3 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 DWEAR marketplace platform www.dwear.co

Terms and Conditions

TERMS AND CONDITIONS OF USE OF WEBSITE/APP AND SERVICES

  1. INTRODUCTION
    1. The domain http://www.dwear.co including any web-pages thereof is the web-site (“Website”) of Wear Endia Fashions LLP (hereinafter “DWEAR”, “we”, “us” or “our”) having its  registered office at C 505 Trade World, Kamala Mills, Lower Parel, Mumbai 400 012.
    2. Through the Website we intend to sell our original merchandise, including but not limited to designer wear apparel for men, women, accessories etc., which is created by us or by our global fashion designers.
    3. Please read these conditions carefully before using the www.dwear.co website. By using the www.dwear.co website, the app and/ or our services you signify your agreement to be bound by these conditions.
    4. Note that our Terms and Conditions and Privacy Policy is subject to change without notice.
    5. If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at info@dwear.co.

 

  1. OUR CONTRACT
    1. You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that DWEAR is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Consequently, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on DWEAR.
    2. Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order. The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you . If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
    3.  You can cancel your order at no cost any time before we send the Dispatch Confirmation E-mail.

 

  1. YOUR ACCOUNT, PASSWORD  AND  SECURITY
    1. If you use the website, you are responsible for the following:
      1. maintaining the confidentiality of your account and password
      2. for restricting access to prevent unauthorised access to your account
      3. for all activities that occur under your account or password
      4. to inform us immediately, if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner
      5. to ensure that the details you provide is true, current, complete and accurate information about yourself, submitted by you as a registered user. if you provide any sort of untrue or inaccurate information or if the company has reasons to believe that you have not provided correct, complete or accurate information on any ground, the company has all the right to terminate or suspend or block your access to your account and membership. You may also get restricted to visit the website if found guilty of undertaking inappropriate activities by submitting false information or data.
      6. If you register at DWEAR as a business entity (that includes: partnership firm, limited company, trust or association, limited liability company, etc.) make sure you represent that you hold a complete authority to bind and comply such entity which you constitute with these terms and conditions.
    2. User must understand that DWEAR will never ask you to share or disclose your account password in any way other than while logging in. Kindly ignore any such e-mail or related request that asks you to disclose your password or personal information.
    3. In any form or circumstance, DWEAR is not liable for any direct, punitive, indirect, incidental, consequential damages resulting from unauthorized access to, or alteration of the user’s information or data on our Website.

 

  1. CONDITIONS TO THE USE OF WEBSITE
    1. Use of www.dwear.co is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website/App only in the supervision of a parent or guardian

 

  1. USER OBLIGATION 

You as a User agree that you in any situation shall not, directly or indirectly:

    1. You, or on behalf of people, will not access the website “www.dwear.co” using any false identity while purchasing products. You need to use your own account and payment information while purchasing on DWEAR
    2. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information, shall be accurate. You will not exaggerate the attributes of such products or services so as to create confusion or mislead other users
    3. break or breach any Indian/ International applicable laws, Domestic laws, rules and regulations (including provisions of any applicable Exchange Control-laws or Regulations in force) , Foreign Exchange laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) as amended from time to time  or any of these Terms, Conditions Of sale, and policies  while using the said Website or on purchase of products
    4. demonstrate or portray DWEAR, or its products in hateful, offensive, inaccurate or defamatory manner. False claims are not acceptable in any way
    5.  Omit or commit to do something that brings upon an adverse effect on DWEAR’s goodwill and reputation or on its partners, associates, designers, suppliers, customers etc.
    6. Use DWEAR’s Website for any kind of non-personal use or for commercial purposes, for example, reusing website content for any other commercial use or for advertising 
    7. bully, harm, harass defame or stalk or cause physical or mental distress to anyone in the community or engage in any other objectionable or unlawful activity while making use of the Website which includes, and is not limited to, buying and selling products on the Website
    8. make use of bots, spiders, crawlers, offline readers or any other software, application, and automated system to access the Website for any kind of illegitimate conduct or for gaining unauthorized access to the website interface for whatever purpose or try to disrupt any type of  website operations and undertakings. DWEAR reserves its right to prevent anyone from using such applications and software even if these applications and software are harmless

i. Send pyramid schemes, chain-letters, spams on behalf of DWEAR or; any type of unauthorized or unsolicited promotional or advertising material to anyone including the general public, former and existing customers, and the designers of DWEAR or the users of the Website.

    1. Express or misrepresent your association with DWEAR other than availing the services as the user of the platform 
    2. Violating proprietary rights or intellectual property rights of DWEAR; its licensors, its parties, its sellers, its designers, its associates while making use of the Website or while purchasing or selling products at DWEAR
    1. Disseminate or transmit any type of material that contains malware, spyware or adware viruses or any other code, program or computer file that is designed to destroy or disrupt website functionality, hardware or telecommunication devices of DWEAR
    1. Alter or remove any digital right management mechanism, content protection device or access to control measures that are associated with DWEAR’s website features and functionalities
  1. Seller Obligation

 

  1. The seller will be required to register with DWEAR and only on successful verification of details, DWEAR will approve the seller for further use of our platform  and services.
  2. Picking up of the order and delivering the product will be looked upon by DWEAR and a fee will be charged by us for the same, depending upon the product.
  3. The seller fee includes our commission as well as shipping cost of the product within the country.
  4. The sellers, shall provide an invalid phone number while registering with us. Upon doing so, you consent to be contacted by us via phone calls/SMS notifications. In case of any order or shipment or delivery related updates, we will not use your personal information to initiate any promotional phone calls or SMS.
  5. Under any circumstance, the seller will not share their personal information or contact number with the buyer.
  6. The chats between the buyers and the sellers will be monitored by our systems and any misconduct, if so established, the user will be terminated from using our said services

 

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

The users - which includes both buyers and sellers may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam; In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, DWEAR reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of DWEAR  violates these Conditions of Use and, or terminate your permission to access or use this Website.

    1. If you do post content or submit material, and unless we indicate otherwise, you
      1. grant DWEAR a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
      2. grant DWEAR the right to use the name that you submit in connection with such content, if they choose
      3. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to DWEAR, including the execution of deeds and documents, at its request.
    2. You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that,
      1. the content and material is accurate;
      2. the content you provide does not breach any applicable DWEAR Terms, Policies, and will not cause injury to any person or entity (including that the content is not defamatory in nature);
      3.  the content is lawful, and if not, then you agree to indemnify DWEAR for all claims brought by a third party against it or its affiliates arising out of or in connection with the breach of any of these warranties

 

  1. YOUR CONDUCT
    1. You shall not upload or publish any designs, apparels, commodity, produces or goods that are fraudulent, or counterfeit, or stolen, or which violates the law for the time being in force.
    2. You understand that you, and not DWEAR, is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. 
    3. You must not use the website for any of the following:
      1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
      2. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm),deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
      3. to cause annoyance, inconvenience or needless anxiety.
    4. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
    5. Users are restricted to use files and software:
      1. that contain viruses or any form of computer code that is likely to affect the back-end system, or
      2. program, data, or file;
      3.  that is fabricated to or interrupt the system, that destroys or limits the functionality of user resources;
      4. or contains any type of malicious and harmful substance such as trojan horses, t-bombs, cancelbots, worms, easter eggs or any sort of computer programming that may damage or diminish or expropriate the system
    1. Stern exertion shall be taken against the one who tries to obtain unauthorized access to the website “www.dwear.co”; or any of its web pages, profile, blogs, account data and information, community or other sections or areas of the website. An action shall be taken against those who unlawfully solicit user identity, password or personal information for commercial or non- commercial purposes.

 

  1. ACCESS TO THE WEBSITE
    1. We will do our best to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
    2.  Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
    3. Any sort of interruption while accessing the website shall not be considered as a basis of termination of your subscription, product purchase in full or in portion, refund of any payment or reduction in current or future payments

 

  1. LICENSE FOR WEBSITE ACCESS
    1. Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, DWEAR grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DWEAR.
    2. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
    3. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of DWEAR, as may be applicable.
    4. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DWEAR  without express written consent. You may not use any meta tags or any other hidden text utilising DWEAR’s names or trademarks without the express written consent of DWEAR, as applicable.
    5. Any unauthorised use terminates the permission or license granted by DWEAR
    6. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of www.dwear.co as long as the link does not portray DWEAR, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DWEAR logo or other proprietary graphic or trademark as part of the link without express written consent of DWEAR, as may be applicable.

 

  1. LIABILITY
    1. Our Website is a platform to allow anyone to offer, sell, and buy items at any time, from anywhere at a fixed price format. We do not have possession of anything that is listed or sold through DWEAR hence we do not guarantee:
      1. The quality, safety or legality of items advertised;
      2. The truth or accuracy of listings;
      3. The truth or accuracy of feedback or other content posted by users on our site
      4. The ability of sellers to sell items;
      5. The ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item
    1. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any/or all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
    2. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content(including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with DWEAR nor shall DWEAR have any obligations or liabilities in respect of any transactions on the website.
    3. DWEAR shall not be liable for any indirect, punitive, incidental, special, consequential damages resulting from or in connection with the transaction between users
    4. DWEAR shall not be liable for damages resulting from unauthorized access to or alteration of the user’s transmissions or data
    5. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to Rs. 2000/-

 

  1.  INDEMNITY AND RELEASE

If you have a dispute with one or more users, you expressly release DWEAR and/or its affiliates and their respective officers, directors, agents and employees, from any claim or demand, or damages (actual or consequential) of every kind of nature, known or unknown arising out of or in any way connected to such dispute.

 

  1. PRIVACY POLICY
    1.  On accessing the website "www.dwear.co" or by sharing information on the website, you permit DWEAR to make use of your personal and non-personal information including your sensitive personal data as provided to DWEAR and stored on the website in electronic medium in connection to you visiting the website or any of its webpages. It is also to be noted and further clarified that this includes the data and information that you provided while buying, listing, registering or in the blog section, review and feedback area or email. Note that we will protect your information in accordance with our Privacy Policy
    2. DWEAR reserves the right to modify or update these Terms and Conditions of sale and also the Privacy Policy at any time without any prior notice to the users. Acknowledge that these terms constitute a valid contract between you and DWEAR which means that you acknowledge that you agree that your use of the website "www.dwear.co" shall be contracting with DWEAR and all of these terms and policies will also be binding upon you as a user whether buyer or seller. 
    3. Please refer to  DWEAR's  complete privacy policy in the Privacy Policy section  
    4. Unless the context otherwise requires, all our Privacy Policies whether in force currently or introduced subsequently or later shall be deemed to be part of these Terms and Conditions. In case of any conflict between Terms and Policies, the provisions of such policy shall prevail.

 

  1. CANCELLATION

DWEAR reserves the right to cancel orders with or without explanation; or under any situation where DWEAR is not able to meet the requirements of the order or purchase placed, or if it does not comply with DWEAR policy, or if the order has an invalid or incorrect shipping address, or for any other reason that is valid. DWEAR ensures that any type of communication of order cancellation is taken care of and is being intimated within an appropriate time period to the concerned person and any refund, if applicable will be made in reasonable time duration.

 

  1. REPORT OBJECTIONABLE CONTENT

DWEAR marketplace lists lots of items for sale offered by sellers on the website and hosts many thousands of comments; consequently it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by writing to us at info@dwear.co. DWEAR will then make all reasonable effort to remove such Objectionable Content complained about within a reasonable time.

  1. CANCELLATION OF BULK ORDERS

DWEAR may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria   at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by DWEAR:

  1. Products ordered are not for self-consumption but for commercial resale
  2. Multiple orders placed for same product at the same address, depending on the product category.
  3. Bulk quantity of the same product ordered
  4. Invalid address given in order details
  5. Any malpractice used to place the order
  6. Any promotional voucher used for placing the 'Bulk Order' may not be refunded
  7. Any order placed using a technological glitch/loophole.

 

  1. LISTING OF ITEMS

 

    1. As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform.
    2. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale.
    3. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.
    4. You agree not to list a single product in multiple quantities across various categories on the Platform. DWEAR reserves the right to delete such multiple listings of the same product listed by you in various categories.

 

 

 

  1. ORDER REFUSAL

DWEAR reserves the right to withdraw any product from its Website/App at any time and/or remove or edit any material or content, and will not be held liable for doing so either by you or by any other third party. We will do our best to process all Orders, but there may be exceptional or unforeseeable circumstances wherein, we may not be able to or refuse to process an Order after we have sent an Order Confirmation. We reserve the right to do the same at any time, at our sole discretion. DWEAR will notify you of any order cancellation at the earliest and may refund the money, if any payment has been made, to minimize any inconvenience.

 

  1. INTELLECTUAL PROPERTY RIGHTS CLAIMS

DWEAR marketplace is dedicated to protecting intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets. Although DWEAR marketplace cannot control every item that is uploaded to the site we do our best to ensure that the listed items do not infringe upon the intellectual property rights of third parties. We, at DWEAR respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at info@dwear.co

 

  1. USE OF DWEAR SOFTWARE
    1. You may use DWEAR Software solely for purposes of enabling you to use and enjoy the DWEAR services as provided by DWEAR, and as permitted by the Conditions of Use, these DWEAR Software Terms and any Terms. You may not incorporate any portion of the DWEAR Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the DWEAR Software or otherwise assign any rights to the DWEAR Software in whole or in part. You may not use the DWEAR Software for any illegal purpose. We may cease providing any DWEAR Software and we may terminate your right to use any DWEAR Software any time. Your rights to use the DWEAR Software will automatically terminate without notice from us if you fail to comply with any of these DWEAR Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain DWEAR Software that are specifically identified in related documentation may apply to that DWEAR Software (or software incorporated with the DWEAR Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any DWEAR is the property of DWEAR and/or its affiliates or its software suppliers and protected bylaws of India including but not limited to any other applicable copyright laws.
    2. When you use the DWEAR Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
    3. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DWEAR Software, whether in whole or in part, or create any derivative works from or of the DWEAR Software.
    4. In order to keep the DWEAR Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

  1. COPYRIGHT
    1. All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DWEAR or its content suppliers and is protected by copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of DWEAR and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of DWEAR or its software suppliers and is protected by India and international copyright and authors’ rights laws.
    2. You may not systematically extract/ or re-utilise parts of the contents of the website without DWEAR’S express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without DWEAR’s express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without DWEAR’s express written consent.

 

  1. RISK OF LOSS
    1. All the items purchased at “www.dwear.co” are made harmonious and agreeable to the contract of shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For loss and recovery related queries, you can connect with us by writing to info@dwear.co
    2. We will not be responsible for any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
    3. Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to the Buyer. Any claim related to damage during shipment should be made directly to the carrier. Any claims for shortage or damage must be made within (five) 5 days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from our Company in the condition claimed.

 

  1. PAYMENT
    1. While using any of the payment gateways and payment methods offered at DWEAR, DWEAR is not responsible or liable whatsoever in respect of damage or loss arising indirectly or directly to you due to:
      1. Decline of transaction for any uncertain reason
      2. Lack of authorization for any transaction
      3. Any payment issue arising out of the product related transaction
      4. Exceeding the set limit mutually agreed by you and between your payment institute including, but not limited to banks
    1. We do not get any access to your payment information as the user directly makes use of third-party payment gateway such as “Mastercard” and & “Visa”. We request you to never disclose your payment information with any person and you shall connect with your payment operators in regard to all  payment-related queries other than what’s related to product refund and cancellation
    2. All the payments made against the service or purchase on DWEAR by the user must compulsorily be made in currency that is accepted by DWEAR ecommerce . For online payments, DWEAR does not accept any other form of currency with respect to the service or purchase made on its Website. Use of digital currency exchanges can be made
    3. While the payment is 'In Escrow' the transaction can be safely carried out without risk of losing money or merchandise due to fraud. 

This allows for secure transactions and confident buyers and sellers.

    1.  The payment will be withheld by our company for only a period of 14 days from the date of the payment received, however, in case of a complaint, it is withheld until the dispute is resolved.

 

  1. GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Mumbai.

 

  1. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. DWEAR shall not be deemed thereby to have given authority to have waived rights under terms and policies, unless and only to the extent, it does so by specific writing.

 

  1. HYPERLINKS

Subject to these terms and conditions, DWEAR grants a non-exclusive and revocable right to both the buyers and sellers to create a hyperlink to the homepage of the website for the purpose of ethical social sharing and marketing. The website may contain links to other websites (connected or linked sites). These linked sites are not under DWEAR’s control and we are not responsible for the content of those websites. It is clarified that linked sites and hyperlinks on the website does not imply that we have an endorsement with them unless expressly specified.

 

  1. ALTERATIONS OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our policies, and these Conditions of sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

  1. MISCELLANEOUS
    1. DWEAR reserves to set out separate terms and conditions for offers, promotions, specific discounts and gift vouchers offered by DWEAR on any of its products and services. However, at the time of sale, not more than 1 coupon should be used  
    2. When you visit DWEAR, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
    3. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. 

 

 

 

  1. EVENTS BEYOND OUR CONTROL
    1. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
      1. Strike, lockout or other forms of protest.
      2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.
      4. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
      5. Inability to use public or private telecommunication systems.
      6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
      7. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
    1. It shall be understood that our obligations deriving from Contracts stands terminated due to events that are beyond our reasonable control and therefore we assume no liability.

 

  1. RETURN POLICY
    1. Items can be returned within 7 days from the date of receipt of the order. Customers returning the items will be responsible for freight charges.
    2. Wrong size items and quality problem items can be exchanged.
    3. There is no return or no refund on customized items once the order is placed on our Website
    4. At the time of demanding a return request, users are required to confirm that the said item being returned is unused and has the original tags intact. If the item returned by the user is used, damaged or if the original tags is missing, the users return request shall be declined, and the said item will be reshipped to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and DWEAR assumes no liability. Further if the user fails to accept the said re-shipped item, the user shall continue to not be eligible for a refund and DWEAR assumes no responsibility.
    5. DWEAR does not warrant that product description or other content on the platform is accurate, complete, reliable, current, or error free and assumes no liability.

 

  1. CUSTOMIZATION SERVICES
    1. The free customization services are being extended to you by DWEAR on select products for the purchases made by you on the DWEAR platform, i.e. www.dwear.co and on its app, subject to the below terms:
      1. The customization service shall be offered on select products, in limited locations by our alteration partners. The availability of the customization services shall be clearly specified on the product page;
      2. The customization service is free of charge as of now. In the event, our alteration partners request any payment it will be clearly specified on the product page; 
      3. Please note that any product you request to customize shall be on non-returnable and non-refundable basis. This service should be availed by you at your own risk and expense;
      4. There are two possible modes available to you for providing measurements for the customization service:
        1. Doorstep measurements: in this mode our alteration partner comes to your doorstep and takes your physical measurements. The products are altered as per the measurements taken by the said alteration partner.
        2. Upload measurements online: in this mode you upload your measurements yourself on our website. The products are altered as per the measurements submitted by you. 
        3. The measurements will be shared only with our alteration partner. .
        4. However, if the buyer gets the alteration made by any other alteration work person, DWEAR will assume no liability and the product will not be considered for any return/refund

 

    1. DWEAR does not make any warranty with respect to accuracy and correctness of the doorstep measurements or the alteration services or the conduct of the alteration partner nor does DWEAR make any warranty with respect to quality, wear-ability or correctness of the product altered using the customization services.
    2. You understand and agree that the customization services are being provided at your sole risk.
    3. In case you are not happy with our customization service please write to us at info@dwear.co
    4. DWEAR reserves the right to modify the terms of the customization services in its sole discretion and without notice

 

  1. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes, including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

 

  1. CONTACT DWEAR

DWEAR is more than happy to help you every time you need any help regarding our products, services, Terms, and Policies. Please send any questions or comments including all inquiries at info@dwear.

 

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