Welcome to DaMENSCH. [www.damensch.com] (“Website”) and the Damensch Mobile Application (“App”), and the Damensch Pick-Pay-Go Platform (“PPG”), a platform that facilitates customers to select and purchase products physically at Preferred Partner Stores by scanning their unique QR Code that directs users to the Pick-Pay-Go Platform for completing the transaction, are the property of and operated by DaMENSCH Apparel Private Limited (“DaMENSCH”) registered under the Companies Act, 2013, and having its registered office at 2nd Floor, JB House, 4th Cross, 5th Block, 110, Koramangala Industrial Layout, Bengaluru, Karnataka 560095. By accessing or using any version of the Website, App, or PPG (“Platform”), you signify that you have read, understood and agree to be bound by these Terms of Use (“Terms of Use”) and any other applicable law. Your continued use of the Platform shall be constituted as your acceptance to the Terms of Use, as revised from time to time. If you do not agree with these Terms of Use, please do not access and use the Platform. For the purposes of these Terms of Use, “we”, “our” and “us”“Company” shall mean DaMENSCH, and “you” and “your”“user” shall mean any natural or legal person who has agreed to become a buyer on the Platform by registering on the Website or the App as a registered user using the computer systems or just visiting and browsing the Website as a non-registered user, or has downloaded the App to browse as a guest.
We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use the Platform.
(1) DISCLAIMERS
You acknowledge and agree that:
(1.1) Although we strive to provide on this Platform the latest developments relating to our products and services, and any other information about our Company, we do not warrant the accuracy, effectiveness and suitability of the information contained in this Platform. User of this Platform assumes full responsibility and all risks arising from use of this Platform. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. DaMENSCH reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(1.2) DaMENSCH makes no representations or warranties of any kind or nature with respect to the information or content posted on this Platform. DaMENSCH hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall DaMENSCH be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this Platform, regardless of whether DaMENSCH has been advised as to the possibility of such damages.
(1.3) DaMENSCH is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Platform, DaMENSCH will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Platform. Such information should, therefore, be considered as suspect and is not endorsed by DaMENSCH.
(1.4) This Platform may contain forward-looking statements that reflect DaMENSCH’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the general economic conditions. DaMENSCH intends to update this site on a regular basis but assumes no obligation to update any of the content.
(2) ACCESS TO WEBSITE
(2.1) We will do our utmost 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. 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 any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.
(3) ELIGIBILITY
(3.1) You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. A person competent to contract as per the Indian Contract Act, 1872, is a person who is eighteen (18) years of age or older, of sound mind, and is not otherwise disqualified from entering into contract by any law. You shall not access and use the Platform if you are not competent to contract under the applicable laws, rules and regulations. If you are a minor, i.e., under the age of 18 years, you may use and/or transact on the Platform only with the involvement of a parent or a guardian.
(4) USER ACCOUNT
(4.1) You agree that by browsing or purchasing the services, you are agreeing to enter into a legally binding contract with us. If you do not agree to this, do not access or otherwise use any of our Services.
(4.2) You agree and acknowledge that you will use your account on the Website and the App to purchase products only for your personal use and not for business purposes.
(5) INTELLECTUAL PROPERTY
(5.1) All of the content on the Website and the App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names, written posts and comments, software, scripts ("Content"), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and the App, and the Content.
(5.2) You may access the Website or the App, avail the features and facilities and utilize the Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission. Our trademarks should not be used in connection with any product or service without obtaining authorization from DaMENSCH, in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits DaMENSCH. Contravention of this provision shall be construed as a material breach of these Terms of Use.
If you would like to request permission to commercially exploit any particular Content, you could contact us in the manner provided for herein.
(5.3) DaMENSCH and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and the App and all the trademarks, copyright and any other intellectual property rights of any nature in the Website or the App.
(5.4) All software used on the Website and the App is the property of DaMENSCH or its licensors/software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website and the App is strictly prohibited.
(6) INDEMNIFICATION
(6.1) You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of the Platform in violation of these Terms of Use and/or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(6.2) The terms of this clause will survive any termination or cancellation of these Terms of Use or your use of the Platform.
(6.3) DaMENSCH shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of DaMENSCH including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
(6.4) Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these Terms of Use.
(7) PAYMENTS
(7.1) Registration on the Platform and the access to the information provided on the Platform is free. You agree to make all payments directly to DaMENSCH for purchase of products or services. You agree and acknowledge that you shall not hold DaMENSCH responsible for any loss or damage caused to you during the process, due to any acts or omission on the part of the delivery agents or for any actions/omissions which are beyond the control of DaMENSCH.
(7.2) In making any purchase from our Website or the App using the online payment services, we shall collect some additional information from you such as your billing address, a debit or credit card number, its expiration date and other payment instrument details if necessary for the order to get processed. However, all of the aforementioned information is never stored on our servers.
(7.3) We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.
(7.4) While availing any of the payment methods available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(i) Lack of authorization for any transaction(s), or
(ii) Exceeding the present limit mutually agreed by and between you and the concerned bank, or
(iii) Any payment issues arising out of the transaction, or
(iv) Decline of transaction for any other reason(s).
(7.5) All payments made against the services on the Platform by you shall be compulsorily in Indian Rupees (INR). The Platform will not facilitate transactions with respect to any other form of currency for the purchases made on the Platform.
(7.6) We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
(7.7) DaMENSCH brings you the premium valued products at an affordable price. Every single product that reaches you is homegrown, sourced from the best. We reserve the right to update any prices of the products listed on the Website or the App, or discontinue them at our sole discretion.
(7.8) Payments for the purchased products through PPG by scanning the QR Code at our Preferred Partner Stores must be completed on the PPG Platform, and the payment is to be made only on the PPG Platform.
(7.9) The purchase is deemed to be completed upon the successful payment of the items purchased on the PPG.
(8) OFFERS
(8.1) On any offers or the construct of the offers listed on the Website or the App, or any other third-party sites, we reserve the right to launch, discontinue, or extend it based on our sole discretion. It is advisable that you review the promotion or offer for eligibility and other terms and conditions.
(8.2) Regarding Coupons: We have the right to cancel any order in case there’s a coupon abuse. Multiple coupons are not allowed in an order.
(8.3) On CRED Offers: Offers listed on CRED website are subject to our terms and conditions based on our sole discretion. We reserve the right to update or discontinue any offers at any given period of time.
(8.4) On Giveaways and Freebies: We offer custom-made gifts often to our customers. If the gift assigned for the giveaway runs out of stock, only then shall we provide the customers with a replacement gift from our assorted gift collection which is of the same value or even higher.
(a) The Reward is only valid on https://www.damensch.com/ or the App. The offer is not applicable on exclusive Damensch stores, or other partner/third-party websites selling Damensch products.
(b) Participation in this Offer is purely voluntary.
(c) Damensch Customers shall not be charged any amount for participation in this Offer.
(d) The Offer is open only for Damensch Customers who have successfully placed an order on the Portal, either prepaid or through Cash-On-Delivery (COD), and upon the Damensch Customers making the relevant payments.
(e) Customers who complete a successful purchase via PPG by scanning the QR Code of the Preferred Partner Stores may be eligible for free giveaway(s), as per the offer displayed on the Damensch Platform.
(f) For the delivery of the free giveaway, You may be asked to provide your postal address at the time of completing your Purchase on the PPG Platform.
(g) Any free giveaway offer shall be available only until stocks last with Damensch.
(h) The Reward cannot be combined with any other promotion offered by Damensch on the Portal, or be exchanged for cash/ credits redeemable on the website.
(i) Damensch does not assume any liability whatsoever arising out of the Reward. Damensch will not entertain any complaints regarding the functioning/malfunctioning of the products accepted under this giveaway offer. The Customers are solely responsible for the same.
(8.5) Orders including a giveaway / freebie will only be eligible for exchange as per the product's individual return policy.
(8.6) No returns or exchange will be entertained on the giveaway or freebie.
(8.7) DaMENSCH will not be held responsible for quality and/or warranty concerns on the giveaways or any other brand products used as part of the giveaway.
(9) USER GUIDELINES
(9.1) In consideration of DaMENSCH granting you the rights hereunder, you hereby agree not to use the Website or the App for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any DaMENSCH server, or interfere with any other party's use and enjoyment of the Website or the App. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means.
(9.2) By giving consent, You agree to receive transactional, informational as well as promotional updates via SMS Messages & Email.
(9.3) Notwithstanding anything contained in the Terms of Use, in case You have consent to receiving transactional, informational or promotional messages via Whatsapp & Google RCS, You can revoke your consent and opt-out of receiving transactional updates and offers via any of the above platform.
(9.4) All information that you submit is true and accurate and you agree to maintain the accuracy of such information.
(9.5) The Website and the App is made available to you for your own personal and non-commercial use alone.
(10) ON DELIVERY & SHIPPING POLICY
(10.1) We deliver our products in and across India. Delivery will be initiated at the earliest. Your delivery shall only be delivered to the address submitted when you placed the order.
(10.2) In case there is an error in any of the information submitted by you, we are not responsible for you not receiving the orders.
(10.3) Once our system processes your order, your products are inspected thoroughly to ensure they are in a perfect condition.
(10.4) After they pass through the final round of quality check, they are packed and handed over to our trusted delivery partner.
(10.5) Our delivery partners then bring the package to you at the earliest possibility.
(10.6) You can check the time to deliver on your pincode on the product page.
(10.7) You can track the status of your order from the “my account” section.
(11) ON WARRANTY AND RETURNS
(11.1) DaMENSCH offers you a simple return policy, wherein you can raise a return/exchange request of a product.
(11.2) 15-day Return & Exchange policy: All products are covered under our 15 day easy return policy.
(11.3) 30-day first try guarantee: Your first innerwear purchase is covered under the 30 day first try guarantee.
(11.4) 500-day Replacement warranty: Our Constant Collection is covered under the 500-day replacement warranty.
(12) LIMITATION OF LIABILITY
(12.1) DaMENSCH shall not be responsible or liable in any manner to the users for any losses, damage, injuries or expenses incurred by users as a result of any disclosures made by DaMENSCH.
(12.2) To the maximum extent permitted by applicable law(s), DaMENSCH and associated entities shall not be liable for indirect, incidental, punitive, exemplary or consequential damages.
(13) SEVERABILITY
(13.1) If any provision of these Terms of Use is deemed invalid or unenforceable, such provision shall be deemed severable and shall not affect the remaining provisions.
(14) TERMINATION
(14.1) We reserve the right to terminate your access to the Website/App and block future access in our sole discretion.
(15) WAIVER
(15.1) No provision of these Terms of Use shall be deemed waived unless in writing and signed by DaMENSCH.
(16) FORCE MAJEURE
(16.1) DaMENSCH shall not be liable for any loss or delay caused by Force Majeure Events beyond reasonable control.
(17) GOVERNING LAW AND DISPUTE RESOLUTION
(17.1) These Terms are governed by Indian law. Courts in Bangalore shall have exclusive jurisdiction.
(18) CONTACT INFORMATION
(18.1) If any user has any comments/questions/suggestions, contact customer service at [email protected].
(19) REFERRAL PROGRAM
These referral terms and conditions shall be read jointly and in addition to the terms and conditions set out in the Terms of Use.
(19.1) Definitions
For the purpose of these Referral Terms:
(i) “We”, “Us”, “our”, “Damensch” or “Company” means Damensch Apparel Private Limited;
(ii) “Platform” means the Damensch website and the mobile application;
(iii) “Referrer” means the person whose Referral Code has been used to successfully purchase any product from the Platform;
(iv) “Referral Recipient” or “referee” means the person who successfully purchases any product using a valid Referral Code;
(v) “Customer” or “You” means either the Referrer and/or Referral Recipient;
(vi) “Referral Code” means a unique code assigned to the Referrer by the Company;
(vii) “Referral Discount” means any incentive provided by the Company to the Referrer or Referral Recipient;
(viii) “Referral Program” means the process under which the Referrer or Referral Recipient uses the Referral Code on the Platform;
(ix) “Successful Referral Transaction” means an order that is delivered and not returned/refunded.
(19.2) General Terms
To participate in a Referral Program, You must agree to these Terms.
These Terms constitute a valid and legally binding agreement.
(19.3) Eligibility Terms
Referral Program is valid for registered users of Damensch, 18 years or above, of sound mind.
(19.4) Term of the Offer
This Offer is valid from 04.08.2023 unless extended or revoked by Damensch.
(19.5) Referral Discount
Subject to conditions:
i. Referrer earns a Rs. 500 Discount Coupon.
ii. Referral Recipient earns flat 20% off on first purchase.
(19.6) Changes in Referral Program
Damensch reserves the right to modify, discontinue, suspend or revoke referral benefits at any time.
(19.7) Monitoring Referral Activities
Company may review and investigate referral activity and suspend/revoke benefits for misuse/fraud.
(19.8) Miscellaneous
Shipping and handling charges may apply below minimum order value and all disputes are subject to Bangalore jurisdiction.
