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TERMS OF USE

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.

This document is published in accordance with the provisions of Rule 3 (1) 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 www.divatt.com.

The portals www.divatt.com (“Divatt”) and the corresponding mobile application collectively, “Platforms”, are managed and operated by Divatt Studio Private Limited (“Divatt”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses the Platforms in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platforms (“Service”) or utilisation of Products (as defined below) will be subject to these terms and conditions for use of the Platforms (“Terms”), as updated from time to time.

For the purposes of these Terms, “Products” shall mean the diverse range of fashion, home and beauty products listed on the Platforms from time to time and other products offered for sale to you on both the Platforms; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable for usage of the Platforms and for the acceptable usage of the platform

Part A – Terms and Conditions for usage of the Platform

Part B – Terms and Conditions relating to sale on Platform

1. General Aspects of Licensing:

i. The terms and conditions for usage of the Platforms as set out herein (“Terms of Use”) specifically govern your access and use of the Platforms, which provides an access for you to inter alia discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us.

ii. Please note that we may from time to time, modify the Terms of Use that govern your use of the Platforms. Every time you wish to use our Platforms, please check these Terms of Use to ensure that you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.

iii. The accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms of Use, the Privacy Policy and any other policies or guidelines that may be applicable to the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time (collectively, the “Agreement”).

iv. We authorise you to view and access the Platforms solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with the Return and Refund Policy. We therefore grant you a limited, non-exclusive, non-transferable, limited permission which can be revocable.

2. User Eligibility

i. By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully compe- tent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eigh- teen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice.

ii. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.

3. Registration & User Obligations:

i. To purchase Products on the Platforms and/or avail Services thereof, you will have to register on the Platform. Registration is a one-time process and is free of cost. Account shall be created after filling in the necessary forms and providing the relevant information as may be required by us at the time of your registration.

ii. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platforms and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

iii. We reserve the right to refuse access to the Platform(s), terminate accounts, remove or edit content at any time without notice to you if we have reasonable grounds to suspect that such information provided at the time of registration is untrue, inaccurate, nor current or incomplete or not in accordance with the terms of use.

iv. You shall: (a) immediately inform us of any unauthorized use of the account or any other security breach; (b) ensure that you log out of your account at the end of each session.

v. We, our employees, agents, partners and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you.

4. Communication And Un-subscription:

i. By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Platforms and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communi- cations Customer Preference Regulations, 2018.

ii. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

5. Access to your Data & Allied

i. By accepting the Terms, you provide explicit consent to us, to have access to your camera and gallery applications installed in your phone or computer, through which you are using the Platforms, for the purpose of enabling us to provide Services.

ii. You acknowledge and agree that the postings by you shall adhere to the restriction set out in paragraph 9 (User Warranties and Restrictions),

iii. When you upload images that are covered by third party intellectual property rights, you grant or in case of a third party, ensure that they are granted by you (whether by yourself or on behalf of the third party), a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, copy, or display, translate and create derivative works of the images that you upload, solely in connection with the Services.

iv. You acknowledge and accept that for the purpose of providing Services, the images uploaded by you may be accessed, used or processed by a third party, and that we have no liability, obligation or responsibility of any nature towards you or such third party and the contract under such instances remains between you and such third party.

v. In the event of breach of any of the obligations mentioned in this paragraph 5, you accept that we will not be liable to you or any third-party in relation to any claims, losses, liabilities, damages, and/or costs (including any attorney fees and costs) which may arise from breach of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with paragraph 10 (Indemnification and Limitation of Liability) of the Terms.

6. Disclaimer of Warranties, Inaccuracies or Errors and Liabilities

i. We will try to ensure that all information whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Platforms is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of such Information.

ii. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision.

iii. No Information on the Platforms shall constitute an invitation to invest in us or any affiliates. Any use of the Platforms or the Information is at your own risk.

iv. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to the Platforms. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

v. To assist the users in identifying the Products of their choice, we provide visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

vi. We do not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platforms.

vii. We do not covenant or provide any representations and warranties that the Services will be made available at all times; and that the operation of the Platforms, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.

viii. The platforms and the services are provided to you on an “as is” and “where-is” basis, the website may contain inaccuracies and typographical and clerical errors without any representations or warranties. We, for ourself and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, with respect to the platforms, the information or any products or services to which the information refers. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.

ix. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information, usage of the services shall be at your sole risk. Divatt reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. Divatt may make any other changes to the website, the materials and the products, programs, services or prices (if any) described in the website at any time without notice. This website is for informational purposes only and should not be construed as technical advice of any manner.

7. Availability and Accessibility of The Platforms

i. We operate the Platforms from India. If you use the Platforms from outside India, you are entirely responsible for compliance with all applicable local laws.

ii. We constantly monitor the user’s account to avoid fraudulent accounts and transactions. Users with more than one account or availing any benefits fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and counsel/legal fees from persons using the Platforms fraudulently.

iii. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platforms and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

8. Third party interaction and Links to Third party sites

i. In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.

ii. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

9. User Warranties and Restrictions

You will use the Platforms for lawful purposes only and will not undertake any activity that is harmful to the Platforms or its content or otherwise not envisaged through the Platforms. You have a limited license to access and use the Platforms solely for the purpose of availing the Services, subject to these Terms of Use.

By accepting this terms and conditions, you expressly agree to represent and warrant that:

i. Your use of the Platforms and/or Services will not violate any applicable law or regulation.

ii. All information that is submitted to us in connection with the Platforms and/or Services is true, accurate and lawful. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

iii. You shall not post content or comments which are grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, malicious or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

iv. You shall not delete, decompile, reverse engineer, disassemble or modify any content on the Platforms, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

v. You shall not use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms. Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platforms for any information.

vi. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platforms and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms and/or the Services. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the internet.

vii. You shall not Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services;

viii. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing on or through the Platforms, any information that:

a. belongs to another person and to which you do not have any right or infringes any patent, trademark, copyright or other proprietary rights.

b. harms minors in any way.

c. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify.

d. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation.

e. Is an online game that is not verified as a permissible online game. Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, or any illegal loan, or betting.

10. Indemnification and Limitation of Liability

You shall indemnify and hold harmless Divatt, its owner, licensee, affiliates 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 this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

11. Access Outside the Republic of India

Divatt makes no representation that the content on the Platforms is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platforms from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.

12. Applicable Law and Jurisdiction

These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platforms, whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Hyderabad, India for the resolution of all such disputes.

13. Grievance Officer

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:

Name: Nandini Bhushan
Designation: CRM
Email Address: support@divatt.com

14. Force Majeure

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

15. Waiver

No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

17. Amendment

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the Platforms. Your relationship with the Platforms will be governed by the most current version of these Terms of Use, as published on the Platforms.

18. Privacy

i. We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at https://www.divatt.com/pages/privacypolicy. If You object to Your Information being transferred or used in this way, please do not use Website.

ii. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

19. Miscellaneous

i. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.

ii. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

PART B – TERMS AND CONDITIONS RELATING TO SALE ON PLATFORM

These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These terms and conditions are in addition to the above terms and conditions.

These terms are presented separately in specific, in view of the nature of business activity carried out by Divatt along with its designers. This terms are to make sure all the stake holders of this platform understands the roles and responsibility of Users, Designers and Divatt from an overall transaction perspective, their respective rights and obligations are also mentioned therein.

1. Our Contract of Sale & Order Management

i. Listing and display of a Designer and their Products, by us on the Platforms is based on the inputs provided by the designer from time to time and that is to be construed as our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Platforms by you is your offer to buy the Product(s) from us.

ii. Once you place an order in our website as per our standard timelines agreed with the designer, you will get a confirmation on the order within 18 business hours from the placement of order this is applicable for a non-customisable order only. This time limit may increase in view of the customisation discussions between users and designers. In those cases, the window period of 18 hours shall be reckoned from the point where both the party’s final agrees on the desired customised changes.

iii. Once your order details are passed to your selected designer, it is specifically agreed by the user and designer, that prior to the order confirmation by designer, any changes in the specifications provided by the designer in his catalogue, any customisations that user needs as to texture, make, feel, design, colour, size etc shall be communicated and confirmed only through the acceptable communication mechanisms provided by Divatt from time to time. Once both the designer and user agree on the changes and the order is accepted by the designer, the user will receive an e-mail and/or mobile SMS confirming receipt of your order and containing the details of your order (the “Order Confirmation”).

iv. As the core feature of this platform is to provide a customised designer experience for the users, it is understood that there will be a lot of skill work involved by the designer beside material procurement based on the order. This may sometimes lead to change in the finally agreed customisation changes, for which the designer shall obtain a prior approval before the commencement of work on the concerned order.

v. It is explicitly agreed here by that Divatt is only a marketplace for delivery of products and the designer is solely responsible for shipment of ordered products on time, generally within an average of 30 days, though this may vary depending on the designer. Post dispatch of products, designer shall update the shipping ID details on the platform for which the user shall have access. However, Divatt shall take all reasonable steps to track the status of order and keep the order status updated on the platform.

vi. Also, in case the designer expects a delay in delivery of the order, he should inform the user at least 2 days prior to the agreed upon delivery date. Divatt shall not be held responsible in whatsoever manner in this case.

vii. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

viii. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to your customised requirement.

ix. All orders placed on the Platforms are subject to the availability of designer and his Product/s, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

x. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

2. Cancellation, Return and Refund

We aim to provide the best customer experience to our Users beginning from placing an order to initiating a return on the Platforms. While transacting on the Platforms, you can expect a hassle-free experience in returning, cancelling the Products that you have ordered/booked and can rely on us as your preferred customised shopping destination.

i. You can cancel orders for Products partially or fully prior to the orders of Products being packed and invoice generated in relation thereof. However, the same shall not be applicable, if the ordered product is a customised one and designer commenced his work on it.

ii. On receipt of the cancellation request prior to Products being packed and invoice being generated for a non-customised order, we shall cancel the order of Products and initiate the refund for the Products within 10 (ten) business days from the receipt of the cancellation request from you. The amount shall be refunded to you through the same mode of payment used by you for the purchase. All refunds shall be subject to applicable policies and charges of the User’s bank/financial institution/payment gateway, as may be applicable. We do not make cash refunds. Where a user has opted for cash on delivery option towards the purchase of products, Divatt shall process all refunds into their designated bank account for which details are provided by the user at the time of refund process.

iii. User may initiate the request for return of the Product if: (i) Product is damaged; (ii) both the Product and shipping package have been damaged; (iii) Product is defective or is not in working condition; (iv) the Product is of bad quality; (v) parts of the Product or accessory is missing; (vi) the Product ordered is different from what was ordered basis the Product description provided on the Platforms; or (vii) you are dissatisfied with the quality of purchased Product due to size issue, fit issue, colour issue, manufacturing defects, shrinkage in fabric, colour bleeding etc. You shall initiate such requests for return of Products within 7 days from the date of receipt of products.

iv. The User shall ensure that the Products being returned comply with the conditions set out as under:

a. The Product has not been worn, washed, cleaned or tampered with by you.

b. The price tag /bar code, brand tags, original packaging material, including brand boxes and protective coverage accompanying accessories is intact and not altered, damaged or discarded by you.

c. The accessories if any delivered with the Product are returned along with the Product, in an undamaged or unaltered condition.

d. The Product is not altered, unless proven designer defect.

e. Exchange is being initiated against the order under which it was bought and from same account and the serial number/bar code/details of the Product matches our records.

f. The gifts accompanying the purchased Product must be returned, or upon being returned, show signs of being used, washed, damaged or defect.

g. There is no foul odour, perfume, stains, dents, scratches, tears or damage on the Product.

h. The Product(s) if bought as a set should be exchanged as the complete set.

i. Products returned for exchange should be in unused, undamaged, unwashed and in a completely saleable condition.

j. We are satisfied that the Product has not been rendered defective or unusable.

k. User has not breached any terms of this Policy.

We reserve the right to reject the return request for a Product if it does not satisfy the aforementioned conditions.

v. The process for initiating the process for raising a return / refund / exchange request is as follows:

a. Please login with your credentials and visit the My Account section.

b. Select the order you want to return and click on “Return/Exchange” and follow the instructions on this page to obtain a Return ID. Kindly email an image of the Product and the invoice for our reference.

c. At the time of creation of this return / refund request, the User shall specify the preferred mode of refund.

d. The Products will be picked up within reasonable timelines through our reverse logistic partner.

vi. Refund to be made to the User shall not include any amount paid by the User towards shipping charges or any other such charges including Convenience Fee, which are applicable from time to time. However, in the event a Product has been delivered with a defect or damage (for reasons attributable to, and accepted by us after due verification at our sole discretion) we may refund the shipping charges to you provided that you claim refund of such shipping charges (including convenience fee) within 7 (seven) days of receiving the refund for remaining amounts.

vii. Divatt shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s account on the Platforms, registered mobile number and registered email address. Divatt disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund due to any technical reason beyond the control of Divatt.

3. Product Availability

We list availability information for the Products on the relevant webpage of the Platforms basis the information and updates provided by the designers from time to time. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be delayed in dispatching beyond date.

4. Product Pricing & Invoicing, Taxes

i. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

ii. Products in your shopping cart of the Platforms will reflect the most recent price as displayed on the Product’s information webpage on the Platforms as updated by the designer. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Also, based on the customisations agreed between the user and designer the pricing of the product shall increase.

iii. Divatt is only a marketplace for the designers and Divatt holds no responsibility as to invoicing directly to users, however it shall provide the requisite interface to designers so as to enable them to issue an invoice.

iv. User 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.

5. Licenses

Designer acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

6. Limitation Of Liability

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including 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 Product by us to you was formed.