Terms
of Use and Privacy PolicyWelcome to domarpcreations.com,
domarpcreations.com and its affiliates provide their services to you subject to the terms
and conditions given here under. If you visit us at domarpcreations.com, you
accept these Terms and Conditions. Please read them carefully. In addition,
when you use any current or future domarpcreations.com service (e.g. Your Account/Profile,
Gift Certificates, and Your Reminder Service, etc.) or visit or purchase
from any business affiliated with domarpcreations.com, whether or not included
in the domarpcreations.com web site, you will be subject to these guidelines
and conditions for such service or business. These terms and conditions
supersede all previous representations, understandings, or agreements
and shall prevail notwithstanding any variance with any other terms of
any order placed or service provided by domarpcreations.com By using the shopping
services of domarpcreations.com you agree to be bound by these terms and conditions.
All products/services and information displayed on domarpcreations.com constitute
an "invitation to offer". Your order for purchase constitutes your "offer"
which shall be subject to the terms and conditions as listed below. domarpcreations.com
reserves the right to accept or reject your offer at any time or under
any circumstances. Definitions "Agreement"
means the terms and conditions as detailed herein including all schedules,
appendices, annexures, privacy policy, and will include the references
to this agreement as amended, negated, supplemented, varied or replaced
from time to time. domarpcreations.com / "website" means the online shopping
platform and the services provided by it and its affiliates owned and
operated by Domarp Creations & Professional Services. Which provides a venue /
platform to the Users of domarpcreations.com to buy the products listed on domarpcreations.com
"Vendor" / "seller" /"affiliates" shall mean the person or any legal entity
who offers for sale, sells the products on the domarpcreations.com platform
/ website. "Product/Products" means and includes any goods/merchandise/products/services/offers/display
items that are uploaded /showcased/displayed on domarpcreations.com by its Vendor
and the related description, information, procedure, processes, warranties,
delivery schedule, etc. Electronic Communication
When you visit domarpcreations.com or send e-mails to us or give us your feedback,
you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this website. You agree that all agreements, notices, disclosures
and other communications that we provide to you electronically satisfy
any legal requirement that such communications be in writing. Disclaimer
of warranties and limitation of liability domarpcreations.com
has made this service available to use as a matter of convenience. domarpcreations.com
expressly disclaims any claim or liability arising out of uploading of
any obscene, vulgar or pornographic images, photograph or a picture or
altering or distorting the images available under this service in an obscene,
vulgar or pornographic manner. domarpcreations.com also disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. domarpcreations.com
does not warrant that this site, its servers, or e-mail sent from domarpcreations.com
are free of viruses or other harmful components. domarpcreations.com will not
be liable for any damages of any kind arising from the use of this site,
including, but not limited to direct, indirect, incidental, punitive,
and consequential damages. The Service(s) of domarpcreations.com is provided
on an "as is" basis without warranties of any kind, whether express or
implied. domarpcreations.com does not represent or warrant maintaining the confidentiality
of information; although domarpcreations.com s current practice is to ensure
reasonable efforts to maintain such confidentiality. It is also clearly
understood by the User that all warranties and after sales services, implied
or express, take place directly between the vendors and the User/buyer/customer
and the terms of sale by the vendor domarpcreations.com does not endorse in
anyway any advertisers/ contents of advertisers on its web pages or other
communication. domarpcreations.com will not be responsible for any damage
suffered by Users from use of the services on this site. This without
limitation includes loss of revenue/data resulting from delays, non-deliveries,
missed deliveries, or service interruptions as may occur because of any
act / omission of the vendor. This disclaimer of liability also applies
to any damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of contract,
tortuous behavior, negligence, or under any other cause of action.
domarpcreations.com assumes no liability whatsoever for any monetary or other
damage suffered by you on account of: - The delay, failure, interruption,
or corruption of any data or other information transmitted in connection
with use of the Website. - Any interruption or errors in the operation
of the Website. You expressly understand and agree that domarpcreations.com
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if domarpcreations.com
has been advised of the possibility of such damages). User agrees
and acknowledges that User shall be solely responsible for Users conduct
and that domarpcreations.com reserves the right to terminate your rights to
use the service immediately, notwithstanding penal provisions under the
Indian cyber laws or any other allied laws enacted by the government of
India or any other statutory, legislative or regulatory authority authorized
in this regard from time to time. In no event shall domarpcreations.com , its
affiliates, employees, agents, consultants, contracted companies be liable
for any direct, indirect, punitive, incidental, special or consequential
damages or for any damages whatsoever including, without limitation, damages
for loss of use, data or profits, arising out of or in any way connected
with the use or performance of the domarpcreations.com sites/services for interrupted
communications, delay, lost data or lost profits arising out of or in
connection with this agreement. domarpcreations.com therefore neither endorses
nor offers any judgment or warranty and accepts no responsibility or liability
for the authenticity/availability of any of the goods/services/or for
any damage, loss or harm, direct or consequential or any violation of
local or international laws that may be incurred by your visit and/or
transaction/s on these sites. domarpcreations.com shall not be liable for
any delay / non-delivery of purchased goods by the vendors, trade organization/s,
manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of
God or any cause that is beyond the control of domarpcreations.com. Notwithstanding
anything contained herein, domarpcreations.com acts only as a booking agent/platform
to facilitate / integrate transactions between the Users/buyers and sellers
through various platforms (online web store, call centre, mail order catalogues,
SMS, etc.) for various vendors/affiliates/merchants and shall in no way
be responsible for any quality of product, damages, losses, expenses and/or
taxes incurred by Users for the products or if the vendors/affiliates/merchants
is not able to service the order of the User for any reason or any misrepresentation
of any sort by the vendors/affiliates/merchants. In no event shall domarpcreations.com
, its directors/proprietor, officials, representatives and employees be
liable for any damages or claims relating to products sold through its
various platforms. All prices, unless indicated otherwise are in
Indian Rupees. The availability of products is subject to change without
prior notice at the sole discretion of domarpcreations.com and orders can be
cancelled if the product goes out of stock with the Vendor/Seller.domarpcreations.com
reserves the right to refuse or cancel any order placed for a product
that is listed at an incorrect price which may be higher or lower than
published. This shall be regardless of whether the order has been confirmed
and/or payment been levied via credit card or cheque or otherwise. In
the event the payment has been processed by domarpcreations.com the refund amount
shall be credited to your credit card account and duly notified to you
by email or sent by cheque. In a credit/debit card transaction, you
must use a credit /debit card that is issued in the name of the User.
domarpcreations.com will not be liable for any credit/debit card fraud because
of the card being used fraudulently. The liability to use a credit/debit
card or a net banking transaction fraudulently will be on the User and
the onus to prove otherwise shall be exclusively on the User. Any
request for cancellation of orders once duly placed on the site, shall
not be entertained. In the event that a non-delivery occurs on account
of a mistake by you (i.e. wrong name or address) any extra cost incurred
by domarpcreations.com for re-delivery shall be claimed from the User placing
the order. All products are duly screened and assured by the vendors
to ensure that the products are of the standard, quality, composition,
style or model that they represent and as displayed on domarpcreations.com on
behalf of the vendor/merchant/affiliate/merchant. All and any additional
information/description, etc. for a product that is displayed/showcased
on domarpcreations.com is on behalf of the vendor/merchant/affiliate/manufacturer
and is as provided to domarpcreations.com domarpcreations.com does not take any responsibility
for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of domarpcreations.com Shopping are being offered
free. However, domarpcreations.com reserves the right to charge a fee for any
or such facilities or freight or handling charges or shipping charges
or statutory taxes as per the terms of the buyer/seller. domarpcreations.com
and its affiliates reserve the right to cancel orders for the product
in their sole discretion for any reason which can include but not limited
to, the product being out of stock, or for any other reason without intimation
to the User. Use of the domarpcreations.com 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 domarpcreations.com website. If you are a minor i.e.
under the age of 18 years, you shall not register as a member of the domarpcreations.com
website and shall not purchase any items. As a minor if you wish to purchase
an item, such purchase may be made by your legal guardian or parents who
have registered as users of the domarpcreations.com website or can use the domarpcreations.com
website as a Guest User. domarpcreations.com reserves the right to terminate
your registration and refuse to provide you with access to the domarpcreations.com
website if it is brought to domarpcreations.com notice or if it is discovered
that you are under the age of 18 years. Business entity registration:
If you are registering as a business entity, you represent that you are
duly authorized by the business entity to accept these Terms & Conditions/User
Agreement and you have the authority to bind that business entity to these
Terms & Conditions/User Agreement. Trademark
The logo / image of domarpcreations.com on the home page of the website & other
pages and as used in the communication to the User is registered by domarpcreations.com
or their respective owner/company and cannot be used or communicated or
distributed without the specific and written permission accordingly.
License and Site Access domarpcreations.com grants you
a limited license to access and make personal use of this site and not
to download (other than page caching) or modify it, or any portion of
it, except in case domarpcreations.com gives consent for the same. This license
does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents; any downloading or copying
of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of domarpcreations.com 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 domarpcreations.com
and our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" and domarpcreations.com s name or trademarks
without the express written consent of domarpcreations.com Any unauthorized
use terminates the permission or license granted by domarpcreations.com You
are granted a limited, revocable, and non-exclusive right to create a
hyperlink to the home page of domarpcreations.com as long as the link does not
portray domarpcreations.com , its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter or having
a right to ownership of the same in any form. You may not use any domarpcreations.com
logo or other proprietary graphic or trademark as part of the link without
express written permission. Your Account If
you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and also you agree to accept responsibility for all activities that occur
under your account or password. domarpcreations.com does sell products for children,
but it sells them to adults, who can purchase with a credit card or otherwise.
If you are under 18, you may use domarpcreations.com only with involvement of
a parent or guardian or otherwise, domarpcreations.com has the right to cancel
any order or service to the User. domarpcreations.com and its affiliates reserve
the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion. domarpcreations.com and its affiliates
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion. domarpcreations.com is associated
with various business partners for the supply and service of goods directly
to the customers. domarpcreations.com is a marketplace for the products with
its business partners. The after sales service and warranty for the products
sold by our business partners, as duly applicable, for the respective
products, will be taken undertaken and handled by the respective business
partners or through their respective service centres. Reviews,
Comments, Communications, and other Contents Visitors may
post reviews, comments, and other content; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing
on 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." You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin of a card
or other content. domarpcreations.com reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant domarpcreations.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
domarpcreations.com and its affiliates and sub-licenses the right to use the
name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not
cause injury to any person or entity; and that you will indemnify domarpcreations.com
or its affiliates for all claims resulting from content you supply. domarpcreations.com
has the right but not the obligation to monitor and edit or remove any
activity or content. domarpcreations.com takes no responsibility and assumes
no liability for any content posted by you or any third party. Suspension
due to Non-Compliance with Agreement Notwithstanding other
legal remedies that may be available to domarpcreations.com , domarpcreations.com
may in its sole discretion limit user activity by immediately removing
user listing either temporarily or indefinitely or suspend or terminate
user membership, and/or refuse to provide user with access to the site
if: The user is in breach any of the terms and conditions of this agreement
and/or the terms and conditions of usage of domarpcreations.com ; The user has
provided wrong, inaccurate, incomplete or incorrect information; The user
attempts to defraud domarpcreations.com by using the functionalities on the
website; Your actions may cause any harm, damage or loss to the other
Users or domarpcreations.com ; Illegal and/or unauthorized use of the service,
including unauthorized framing of or linking to the domarpcreations.com site
will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal and injunctive redress. Risk
of Loss All items purchased from domarpcreations.com are made
pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon the delivery to the carrier by the
vendor/merchant/affiliate/manufacturer. Product Description
domarpcreations.com and its affiliates attempt to be as accurate as possible.
However, domarpcreations.com does not warrant that product descriptions or other
content or prices/amounts of this site is accurate, complete, reliable,
current, or error-free. If a product offered by domarpcreations.com itself is
not as described, your sole remedy is to return it in unused condition.
Pricing Except where noted otherwise, the Selling
Price/domarpcreations.com price/MRP/MOP/List Price displayed for products on
our website represents the full retail price listed on the product itself,
suggested /offered by the manufacturer or supplier or one of our merchants/affiliates,
or estimated in accordance with standard industry practice; or the estimated
retail value for a comparably featured item offered elsewhere. The Selling
Price/domarpcreations.com price/MRP/ MOP/List Price is a comparative price estimate
and may or may not represent the prevailing price in every area on any
particular day. For certain items that are offered as a set/pack/combo/arrangement,
the Selling Price/List Price/domarpcreations.com price may represent "open-stock"
prices, which mean the aggregate of the manufacturers estimated or suggested
retail price for each of the items included in the set/pack/combo/arrangement.
The final price that will be applicable to a user for purchase and payment
will be as per the price that is displayed in the shopping cart of the
customer which can be inclusive or exclusive of any other charges in terms
of the usage of the website. Material Submitted by Users
Certain elements of the site will contain material submitted by users.
domarpcreations.com accepts no responsibility for the content, accuracy, conformity
to applicable laws of such material. Advertising Material
Part of the site contains advertising/other material submitted to domarpcreations.com
by third parties. Responsibility for ensuring that material submitted
for inclusion on the Site complies with applicable International and National
law is exclusively on the advertisers and domarpcreations.com will not be responsible
for any claim, error, omission or inaccuracy in advertising material.
domarpcreations.com reserves the right to omit, suspend or change the position
of any advertising material submitted for insertion. Acceptance of advertisements
on the Site will be subject to domarpcreations.com terms and conditions which
are available on request. Indemnity You shall
indemnify and hold harmless domarpcreations.com , its subsidiaries, affiliates,
third-parties and their respective officers, directors, agents, and employees,
from any claim or demand, or actions including reasonable attorneys fees,
made by any third party or penalty imposed due to or arising out of your
breach of the User Agreement and Terms and Conditions or your violation
of any law, rules or regulations or the rights of a third party.
Data Protection domarpcreations.com may send information
and offers of products and services to you from time to time. Force
Majeure domarpcreations.com shall have no liability to you for
any interruption or delay in access to the Site irrespective of the cause.
Arbitration If any dispute arises between you and
domarpcreations.com during your use of the Website or thereafter, in connection
with the validity, interpretation, implementation or alleged breach of
any provision of the User Agreement and Terms and Conditions the dispute
shall be first referred to a sole Arbitrator who shall be an independent
and neutral third party identified by domarpcreations.com The place of arbitration
shall be Delhi/New Delhi. The Arbitration & Conciliation Act, 1996, shall
govern the arbitration proceedings. The arbitration proceedings shall
be in the English language. Applicable law
This site is created and controlled by domarpcreations.com The laws of India
shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect
of all the terms, conditions and disclaimers. domarpcreations.com reserves the
right to make changes to the website and the terms, conditions and disclaimers
at any time and without information to the customers/users of the services/website
of domarpcreations.com Users are advised to regularly check for any amendments
or updates to the terms and conditions contained herein. Entire
Agreement These Terms of Service constitute the entire agreement
between the parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. The clauses as above shall
survive the termination or expiry of this agreement. This electronic record
is generated by a computer system and does not require any physical or
digital signatures.