Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The commercial/contractual terms include (but not limited to) price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to product(s) and services, etc., over which we have complete control and same may be the subject to change.
Your use of a DESIGNERKLOTH website “http://www.designerkloth.com” (hereinafter referred to as "DESIGNERKLOTH") and services and tools are governed by the following terms and conditions:
- If you transact on DESIGNERKLOTH, you shall be subject to the policies that are applicable to the website for such transaction.
- By use of the website you shall be contracting with DK Creation, a sole proprietorship under Companies Act, 1956 with registered office at 226, Green Plaza, Nr D-mart, Uttran-395006, Gujarat-India and these terms and conditions constitute your binding obligations.
- Use of the DESIGNERKLOTH Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
- Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the DESIGNERKLOTH Website.
- If you are a minor i.e. under the age of 18 years, you shall not register as a member of the DESIGNERKLOTH and shall not transact or use DESIGNERKLOTH website.
- As a minor if you wish to use or transact on DESIGNERKLOTH, such use or transaction may be made by your legal guardian or parents who have registered as users of the Designerkloth.com.
- DESIGNERKLOTH reserves the right to terminate your membership and refuse to provide you with access to the DESIGNERKLOTH if it is brought to notice or if it is discovered that you are under the age of 18 years.
User Account and Registration Obligations:
- If you use DESIGNERKLOTH, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password.
- You agree to use the services provided by DESIGNERKLOTH, its affiliates, consultants and contracted companies, for lawful purposes only. The company may assign any or all of its rights under these terms to its affiliates without consent of the user.
When You use the Website or send emails or other data, information or communication to DESIGNERKLOTH, You agree and understand that You are communicating with DESIGNERKLOTH through electronic records and You consent to receive communications via electronic records from DESIGNERKLOTH periodically and as and when required. DESIGNERKLOTH may communicate with you by email or by such other mode of communication, electronic or otherwise.
Contents Posted on Site:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Designerkloth.com is owned, controlled or licensed by or to Designerkloth.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Links from Third Party Sites:
We welcome links to Designerkloth.com. You may establish a hypertext link to Designerkloth.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Designerkloth.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Designerkloth.com, including any logos or characters, without the express written consent of Designerkloth.com and the owner of the mark or materials.
While availing any of the payment method(s) offered, Designerkloth.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by you and between your "Bank(s)", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
- All payments made against the purchases/services on Designerkloth.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Designerkloth.com does not accept any other form of currency with respect to the purchases made on Designerkloth.com.
Payment gateway takes 24 to 48 hours to confirm the payment to check for fraudulent transactions. Shipment/Delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with Designerkloth.com. Usually all orders are processed and shipped within 2 working days (excluding Saturday & Sunday), once payment is confirmed. However, certain categories of products have different lead-times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering.
Breach of Conduct:
Without limiting other remedies, Designerkloth.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership or refuse to provide you with access to the Designerkloth.com website in following events, but not limited to:
- If Designerkloth.com is unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or Designerkloth.com.
Trademark, Copyright and Restriction:
This site is controlled and operated by Designerkloth.com. The Designerkloth.com names and logos and all the related product(s) and service names, design marks and slogans are the trademarks or service marks of DK Creation. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
Risk of loss:
All items purchased from Designerkloth.com.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Designerkloth.com makes every effort to present accurate and timely information regarding the products we have for sale. However, Designerkloth.com.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free; it is possible that discrepancies or inaccuracies may arise if Designerkloth.com receives inaccurate information from our suppliers or other outside sources. Should you encounter any information on our site that you deem inaccurate, please inform us at [email protected]
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. Designerkloth.com will try to be accurate, however if you come across any difference in pricing on the Designerkloth.com Website pre and post orders, we request you to contact us within 48 (Forty Eight) hours of placing your order. Designerkloth.com shall then refund the difference amount within 7-21 working days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Account Payee Cheque. If Designerkloth.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order. Check your bank statement thoroughly to make sure that you have received your refund amount.
Delivery of Products:
Designerkloth.com shall not be liable for any delay / non-delivery of purchased goods in the event of flood, fire, wars, acts of natural calamity or any cause that is beyond the control of Designerkloth.com.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card Account.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or shipping address) any extra cost towards re-delivery shall be claimed from the User placing the order.
Cancellation of order:
Designerkloth.com reserves the right to cancel any order without any explanation for doing so, under situation where Designerkloth.com is not able to meet the requirement of the order placed or order so placed or cancelled does not comply with the Designerkloth.com policy or for any other reason. However, Designerkloth.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
In case we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
Limitation of Liability:
In no event shall Designerkloth.com be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if Designerkloth.com has been informed in advance of the possibility of such damages.
In no event shall Designerkloth.com or any of its sources be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including but not limited to: damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of the information made available on this web site.
Information on the Designerkloth.com website may not be copied, altered or reproduced without the express written consent of Designerkloth.com and its affiliates.
- The amount would be refunded within 7-21 working days (excluding Saturday and Sunday) from the date of cancellation. Please check your bank statement thoroughly to make sure that you have received your refund amount.
- For outright cancellations by you: If you cancel your order before your product has shipped, we will refund the entire amount.
- If the cancellation is after your product has shipped, you can do one of the following: If your product has shipped but has not yet been delivered, contact Customer Support and inform them of the same.
- No refunds in case of Stitched or Customised or Tailored Items.
Designerkloth.com may terminate this Agreement and these terms and conditions and / or the provision of any of the services at any time for any reason, including any improper use of this portal or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Designerkloth.com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Designerkloth.com and its third party providers or distributors, as applicable.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Surat, Gujarat, India.
When ordering goods from Designerkloth.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Designerkloth.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. In case you do not pay Import Duties & Taxes levied by your respective country, your product will be seized by your country, as per their laws & rules. No refund can be done in these cases.