Terms and Conditions

For: iPhone 6

Welcome to the portal desiredesire.com (the "Website") and the mobile application "Desire Desire".

The content of this Website is the property of DESIREDESIRE.COM PRIVATE LIMITED, having its registered office at 6/4, Trident, 1st Floor, Primrose Road, Richmond Town, Bangalore-560025 (the "Company"). The Company is in the business of selling smartphone, tablet and other consumer electronic accessories via this Website and the Application ("Services").

For the purposes of the Terms of Use, the Website and the Application shall be collectively referred to as the Portal.

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, you may not use this Website. By using this Website, you signify your agreement to these Terms of Use as well as the Website's privacy policy (which is hereby incorporated by reference herein) (the "Privacy Policy"). These Terms of Use set out the legally binding terms of the Services available on the Website as well as the terms of use of this Website.

For the purpose of these Terms of Use, wherever the context so requires, "you" or "your" shall mean any natural or legal person who visits the website and/or transacts business on the Website by providing registration information. The Company allows you to surf the Website without registering on the Website. The terms "we", "us", "our" shall mean the Company.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use along with the Privacy Policy extend to users who visit the Website but do not transact business on the Website as well as users who subsequently register on the Website to transact business on the Website. The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes. Nothing in these Terms of Use should be construed to confer any rights on any third party beneficiaries.

1. Your Account and Registration.

1.1 You may be required to register on the Website and create an account prior to the completion of any transaction/purchase on the Website. You may also complete a transaction without creating an account on the Website by providing us with the necessary details such as email address, communication details such as address and contact number and any other details required by us for processing your order. By providing us these details, You expressly permit us to send you any communication which shall be purely promotional in nature of our business activities. You may have an option to unsubscribe to such promotions by (i) calling our customer care executive; or (ii) by clicking on the "Unsubscribe" option in the communications sent by us.

1.2 Use of the 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Website and shall not transact on or use the Website. As a minor, if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years.

1.3 To register onto the Website you will have to provide your Personal Information (as defined in the Privacy Policy) and choose a user name and password.

1.4 Registration is only a one time process and if you have previously registered, you shall login /sign into your registered account.

1.5 Membership on the Website is free for all users. However, a fee may be charged for subscribing to any new/additional services offered by the Company exclusively to members. The Company reserves the right to change the fee policy applicable to such paid membership. Changes to the fee policy will be posted on the Website and such changes shall become effective immediately after they are posted on the Website. The changes made to the membership policy shall be made at the discretion of the Company and shall be non-negotiable by You. If You wish to cancel your membership policy as a result of any changes introduced by the Company to the fee structure, You may do so by following the process stated by us on the Website.

2. Access

2.1 You are responsible for maintaining the confidentiality of your account and password and for restricting and preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.

2.2 You should take all necessary steps to ensure that the password is kept confidential and secure and should inform the Company immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

2.3 You can access and update account details on the Website. You shall ensure that the account details provided to the Website are correct and complete at all times. The Website reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.

2.4 The Company will endeavour to ensure that access to and availability of the Website remains uninterrupted and error free. However, access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities and services.

3. Limited License for Access

3.1 The Company grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it(or any portion thereof), except with prior written consent of the Company and/or its affiliates, as may be applicable.

3.2 This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices, any derivative use of this Website or its contents, any downloading or copying of account information, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or use any designs, diagrams, data or any other symbol ("Content") uploaded by the Company or by any other user of the Website for any purposes including commercial purposes.

3.3 This Website or any portion thereof including but not limited to any Content, copyrighted material, trademarks, or other proprietary information may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any purpose without prior written consent of the Company and / or its affiliates, as may be applicable.

3.4 You will not frame or use framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company's or its affiliates' names or trademarks without the prior written consent of the Company and/or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and/or its affiliates, as may be applicable.

3.5 You have been granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You will not use any logo or other proprietary graphic or trademark of the Company/Website as part of the link without prior written consent of the Company and/or its affiliates, as may be applicable.

3.6 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

3.7 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

3.8 You shall not use the Website in any way that causes, or may be likely to cause damage or impairment to the Website or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. You shall not use the Website to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that:

- Belongs to another person and to which You do not have a legal or proprietary right;
- Is in violation of the intellectual property rights of a third person
- Is harmful to minors;
- Deceiving or misleading the receiver about the origin of the Content or which communicates any Content which is grossly offensive and menacing in nature;
- Contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or to public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to another nation;
- Is deemed to be information which is grossly harmful, blasphemous, defamatory, pornographic, pedophilic, invasive of another's privacy, hateful, false, misleading, offensive, obscene, sexually explicit, menacing, unlawful, libelous, threatening, racially and ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harassing for the purposes of the Terms;
- May impediment the technical functioning of the Site such as computer viruses, trojans, worms or any other malicious software;
- Directly or indirectly promotes illegal distribution of the copyrighted works belonging to a third party;
- Contains access to restricted pages of the Site;
- Provides material which exploits people under the age of 18 years in a sexual or violent manner, and which solicits personal information from people under the age of 18;
- Promotes any kind of illegal activity; or
- Which is in contravention of the applicable laws of the country and in violation of these Terms.

3.9 In the event that a user has posted any of the content mentioned above, the Company reserves the right to cause the user to disable any of the Content within [36] hours of posting such Content and the user shall be obligated to disable the same without raising it as a matter of dispute. The Company also reserves the right to store such content in its servers for at least 90 days for any investigative purpose. You shall not attempt to gain unauthorized access to the Site or the servers on which the Site is stored. If we trace any such attempt to any user, we reserve the right to disable the Login with immediate effect and take appropriate legal action.

3.10 You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

3.11 You will not delete or modify any Content of the Website and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

4. Platform for Transaction and Communication.

4.1 The Website is a platform that users utilize to (i) upload Content or use the Content uploaded by the Company for the purposes of printing on the cases for mobile phones (ii) purchase of the products on the Website. We expressly waive all liability arising out of claims filed by a third party for infringement of the rights in their data arising out of Content uploaded by a user on the Website and We shall not defend or join any proceeding, in any capacity before any forum in relation to such claims.

4.2 The Company does not undertake any investigative process for ascertaining the rights of the user on any Content uploaded on the Website by the user. The user represents that any Content uploaded by him/her on the Website is the original content developed by the user and is not reproduced or copied and does not contain elements from any content belonging to any third party.

4.3 All commercial/contractual terms are offered by and agreed to between you and the Company. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

4.4 The Company does not make any representation or warranty on the products sold on the Website unless indicated otherwise on the product landing page of the Website.

4.5 The Company does not at any point of time during any transaction between you and the Company on the Website gain title to or have any rights or claims over the Content uploaded by you. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

5. Cancellation

You may cancel your order anytime within 2 (two) hours of placing the order by calling our customer service or sending an email on [care@desiredesire.com]. In such a case the Company will refund any payments already made by you for the order. If we suspect any fraudulent transaction by you or any transaction which violates the terms and conditions of using the Website, we, at our sole discretion, reserve the right to initiate cancellation of such orders.

6. Returns

If you've received an item in a "Damaged", "Defective" state, you may return the product to us no later than [2] days from the date of receipt of the product. However, in the case of breakage of the product purchased by You, you shall inform the Company within 12 hours of delivery of the product failing which it shall be construed that the breakage is attributable to You and the Company reserves the right to refuse replacement of the product in such cases. We will endeavor to arrange a pickup of the product and deliver a replacement at the earliest and not exceeding a period of [ 30 ] days from the date of pick up of the damaged or defective product

The product return policy shall be dependent on the product purchased by You and terms of the return shall be stated on the product landing page at the time of Your viewing the product description on the Website or the Application. The Company shall strictly adhere to the product return policy as displayed on the product landing page in relation to each specified product.

7. Pricing and Product Availability

7.1 The Company will display on the Website, information on price and availability of the products sold. Although prices of most of the products do not fluctuate on a daily basis, some of the prices of the commodities may change on a daily basis depending upon their availability. For any order the price shall be the price prevailing at the date on which the order is placed. The prices listed on the Website are not negotiable.

7.2 Despite the best efforts of the Company, such information on the price and availability of products may be inaccurately displayed on the Website. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Website are also subject to change without notice.

8. Payment

The Company offers multiple payment options to you on the Website:

-Online Payment: You can make online payments using your credit card or debit card or through net banking (RTGS/NEFT/IMPS), third party payment gateways and online wallets operated by third parties

- Offline Payment: You can complete the order online and then make payments to the Company by cash on delivery to the delivery personnel. The Company reserves the right not to provide for offline payment on certain products at its discretion.

The Company accepts no liability for failures in transactions or payments made through third party payment service providers.

While availing any of the payment method/s available on the Website, 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:

- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and your bank or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s

9. Delivery

9.1 A delivery fee shall be charged for orders placed through the Website.

9.2 The Company shall endeavor to dispatch the Orders placed by You promptly depending upon the availability of the product and the nature of the product and Your Order will be delivered within [] 3 weeks of dispatch. You can track your order online once it has been dispatched.

9.3 Shipping all items in an order together, may not always be possible due to product availability. The Company will intimate you in such cases via email.

9.4 In the event that your order cannot be delivered on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from you.

10. Usage of promo code by the Company

10.1 The Company has the right to refuse the usage of any promo code at any point of time. Promo codes which have expired cannot be used on the Website.

10.2 The Company can at any time ask you for the proof of having received the promo code.

10.3 Promo codes can be used only on specific orders as deemed fit by the Company.

10.4 Promo codes, at the Company's discretion are applicable on certain items, on specific orders, or on specific dates and occasions.

10.5 Promo codes cannot be clubbed with any other special offer running on the Website.

10.6 For a payment received after the expiry of the promo code the discount will not be applicable on that order.

11. Copyright and Database Rights

11.1 All content included on the Website, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its Content suppliers. You shall not use the Content uploaded by other users or the Company without the prior written permission of the Company which may be denied at its discretion.

11.2 The compilation of all content on this Website is the exclusive property of the Company and You expressly grant the Company an exclusive, world-wide perpetual license to all Content posted by you to the Website.

11.3 All software used on this Website is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the Website without the Company's express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Website, without the Company's prior and express written consent.

11.4 You shall not create and/or publish your own database that features substantial parts of this Website (e.g. prices and product listings) without the Company’s express written consent. Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

12. Trademarks

Desire Desire and other marks indicated on the Website are trademarks or registered trademarks of the Company in the Indian jurisdictions. All other trademarks not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

13. Communications

13.1 Visiting the Website or sending emails to the Company constitutes electronic communication by you with the Company. The Company communicates with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.

13.2 You understand that once you register on the Website, you will receive short message service ("SMS") messages from the Company on your registered mobile number. These messages could relate to your registration, provision of one time passwords for enabling payment or any updates and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose.

14. Termination

14.1 In the event that you breach these Terms of Use or in the event that any other user or a third party reports violation of any of its rights as a result of your use of the Services, the Company reserves the right, to suspend or terminate such your access to the Website with or without notice to you, and to exercise any other remedy available under the law.

14.2 The Company shall have the right to indefinitely suspend your access on the Website and/or refuse to provide you access to the Website if:

- If you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or

- If you provide any information that is untrue, inaccurate, not current or incomplete in any respect or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use.

14.3 Upon suspension or termination, your right to avail the Services on the Website shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to login, account information and information posted by you.

15. Amendments

The Company reserves the right to make changes to our Website, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that you use the website or at the time you place orders on our Website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. Disclaimer, Indemnity and Limitation of Liability

16.1 You expressly understand and agree that:

a) The information, Content and materials on this website and / or services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement unless otherwise stated on the product landing page. The Company expressly states that it is not engaged in the manufacture of the end products and shall not be liable in any manner whatsoever for any (i) defects or inadequacies in the workmanship of the end product; (ii) the quality of the materials used in the end product or for the end product; (iii) any losses incurred by you in the delay of the delivery of the product as long as the product has been dispatched within 3 weeks of You placing the Order; (iv) loss, damage or injury caused to you during the usage of the product purchased by you on the Website; (v) counterfeit products which are sold on the Website.

b) The Company makes all reasonable efforts to display the products listed for sale on its website as accurately as possible. However the Company cannot guarantee that the users’monitor's display of any product color, texture or detail will be accurate. The Company does not warrant that product descriptions or other content are accurate, complete, reliable current or error free and shall not be liable for the same. While the Company makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, the Company reserves the right to refuse the sale of that item.

c) The Company does not warrant that the functions contained in Content, information and materials on the Website and / or services, including, without limitation any third party sites or services linked to the website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.

d) Any material downloaded or otherwise obtained through the Website and / or services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

e) You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

f) You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Website; (ii) uploading data or Content which infringes the intellectual property rights of another user or third party; (iii) third party claims in relation to suspected infringement of intellectual property belonging to third parties, breach of privacy, defamation etc (iv) breach of the terms and conditions and the privacy policy.

g) You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Website and / or services; (ii) unauthorized access to or alteration of the users’ transmissions or data; (iii) statements or conduct of any third party on the Website and / or services; or (iv) any other matter relating to the Website and / or services.

h) The Company shall be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company. You further acknowledge and agree that the Company is not liable for (a) any incompatibility between the Website and / or services and any other website, service, software or hardware or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Website in an accurate or timely manner.

i) At no point in time shall the Company be liable to You for any amounts which shall be lesser of (i) the membership fees paid by You, if any or (ii) the price of the product purchased by you. You agree that You shall not initiate claims for damages against the Company for any amounts less than Rs. [1000].

 

17. Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

18. Governing Law and Jurisdiction

Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Company’s platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

 

19. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall 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 or arbitral tribunal.

 

20. Complete Understanding

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

 

21. Assignment

You shall not assign any of their rights and obligations under these Terms to any Party under any circumstance whatsoever. The Company may assign its rights and responsibilities to a third party by giving prior notice, whether written or in the electronic form, to the users.

 

22. Amendment

The Company reserves the right to amend the Terms on a time to time basis with the change in the applicable laws and shall intimate such change to the users through communication in the form of a pop up on the Website of the Company. The Company reserves the right to modify the method of intimation of changes in these Terms from time to time.

DESIRE DESIRE © 2018 . ALL RIGHTS RESERVED