Terms & Conditions
You acknowledge and agree that:
(1.1) Although we strive to provide on this Platform the latest developments relating to our products and services, and any other information about our Company, we do not warrant the accuracy, effectiveness and suitability of the information contained in this Platform. User of this Platform assumes full responsibility and all risks arising from use of this Platform. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. DaMENSCH reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(1.2) DaMENSCH makes no representations or warranties of any kind or nature with respect to the information or content posted on this Platform. DaMENSCH hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall DaMENSCH be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this Platform, regardless of whether DaMENSCH has been advised as to the possibility of such damages.
(1.3) DaMENSCH is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Platform, DaMENSCH will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Platform. Such information should, therefore, be considered as suspect and is not endorsed by DaMENSCH.
(1.4) This Platform may contain forward-looking statements that reflect DaMENSCH’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the general economic conditions. DaMENSCH intends to update this site on a regular basis but assumes no obligation to update any of the content.
(2) ACCESS TO WEBSITE
(2.1) We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.
(4) USER ACCOUNT
(4.1) You agree that by browsing or purchasing the services, you are agreeing to enter into a legally binding contract with us. If you do not agree to this, do not access or otherwise use any of our Services.
(4.2) You agree and acknowledge that you will use your account on the Website and the App to purchase products only for your personal use and not for business purposes.
(5) INTELLECTUAL PROPERTY
(5.1) All of the content on the Website and the App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names, written posts and comments, software, scripts ("Content"), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and the App, and the Content.
If you would like to request permission to commercially exploit any particular Content, you could contact us in the manner provided for herein.
(5.3) DaMENSCH and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and the App and all the trademarks, copyright and any other intellectual property rights of any nature in the Website or the App.
(6.3) DaMENSCH shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of DaMENSCH including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
(7.1) Registration on the Platform and the access to the information provided on the Platform is free. You agree to make all payments directly to DaMENSCH for purchase of products or services. You agree and acknowledge that you shall not hold DaMENSCH responsible for any loss or damage caused to you during the process, due to any acts or omission on the part of the delivery agents or for any actions/omissions which are beyond the control of DaMENSCH.
(7.2) In making any purchase from our Website or the App using the online payment services, we shall collect some additional information from you such as your billing address, a debit or credit card number, its expiration date and other payment instrument details if necessary for the order to get processed. However, all of the aforementioned information is never stored on our servers.
(7.3) We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.
(7.4) While availing any of the payment methods available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(i) Lack of authorization for any transaction(s), or
(ii) Exceeding the present limit mutually agreed by and between you and the concerned bank, or
(iii) Any payment issues arising out of the transaction, or
(iv) Decline of transaction for any other reason(s).
(7.5) All payments made against the services on the Platform by you shall be compulsorily in Indian Rupees (INR). The Platform will not facilitate transactions with respect to any other form of currency for the purchases made on the Platform.
(7.6) We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
(7.7) DaMENSCH brings you the premium valued products at an affordable price. Every single product that reaches you is homegrown, sourced from the best. We reserve the right to update any prices of the products listed on the Website or the App, or discontinue them at our sole discretion.
(8.1) On any offers or the construct of the offers listed on the Website or the App, or any other third-party sites, we reserve the right to launch, discontinue, or extend it based on our sole discretion. It is advisable that you review the promotion or offer for eligibility and other terms and conditions.
(8.2) Regarding Coupons: We have the right to cancel any order in case there’s a coupon abuse. Multiple coupons are not allowed in an order.
(8.3) On CRED Offers: Offers listed on CRED website are subject to our terms and conditions based on our sole discretion. We reserve the right to update or discontinue any offers at any given period of time.
(8.4) On Giveaways and Freebies: We offer custom-made gifts often to our customers. If the gift assigned for the giveaway runs out of stock, only then shall we provide the customers with a replacement gift from our assorted gift collection which is of the same value or even higher.
(a) The Reward is only valid on https://www.damensch.com/ or the App. The offer is not applicable on exclusive Damensch stores, or other partner/third-party websites selling Damensch products.
(b) Participation in this Offer is purely voluntary.
(c) Damensch Customers shall not be charged any amount for participation in this Offer.
(d) The Offer is open only for Damensch Customers who have successfully placed an order on the Portal, either prepaid or through Cash-On-Delivery (COD), and upon the Damensch Customers making the relevant payments.
(e) The Reward cannot be combined with any other promotion offered by Damensch on the Portal, or be exchanged for cash/ credits redeemable on the website.
(f) Damensch does not assume any liability whatsoever arising out of the Reward. Damensch will not entertain any complaints regarding the functioning/ malfunctioning of the products accepted under this giveaway offer. The Customers are solely responsible for the same.
(8.5) Orders including a giveaway / freebie will only be eligible for exchange as per the product's individual return policy.
(8.6) No returns or exchange will be entertained on the giveaway or freebie.
(8.7) DaMENSCH will not be held responsible for quality and/or warranty concerns on the giveaways or any other brand products used as part of the giveaway.
(9) USER GUIDELINES
(9.2) By giving consent, You agree to receive transactional, informational as well as promotional updates via SMS Messages & Email.
(9.4) All information that you submit is true and accurate and you agree to maintain the accuracy of such information.
(9.5) The Website and the App is made available to you for your own personal and non-commercial use alone.
(9.6) You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on the Website or the App that:
(i) belongs to another person and to which you do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) Infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(9.7) You are responsible for any and all activities that occur in your account. You agree to notify DaMENSCH immediately of any unauthorized use of the account or any other breach of security. DaMENSCH shall not be liable for any loss to you owing to negligent actions or a failure on your part to inform DaMENSCH within a reasonable time, about loss or theft of your device and/or any unauthorized access in your account, either with or without your knowledge.
(9.8) DaMENSCH shall make all reasonable efforts to ensure that your information is kept confidential. However, DaMENSCH shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
(9.9) You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and DaMENSCH shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
(9.10) You must notify your bank immediately in the event your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission. Please refer to the detailed instructions received from your bank for additional precautions to be taken in case of loss/theft/misuse of your credit card.
(9.11) Any purchase of the products from the Platform will be strictly for personal use of the user. The user hereby expressly agrees that any product purchased by the user will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the products purchased are not transferrable to any third party for profit.
(9.13) You are expected to provide Your personal details during guest login including but not limited to Your name, contact number and email id. We shall not be held responsible in any way wherein You have provided details of any other person or incorrect details. However, in case of any discrepancy, We shall fully cooperate with You by sharing the above details entered at the time, to the extent possible.
(10) ON DELIVERY & SHIPPING POLICY
(10.1) We deliver our products in and across India. Delivery will be initiated at the earliest. Your delivery shall only be delivered to the address submitted when you placed the order.
(10.2) In case there is an error in any of the information submitted by you, we are not responsible for you not receiving the orders. So, we urge our customers to submit only the correct details to avoid any inconveniences.
(10.3) Once our system processes your order, your products are inspected thoroughly to ensure they are in a perfect condition.
(10.4) After they pass through the final round of quality check, they are packed and handed over to our trusted delivery partner.
(10.5) Our delivery partners then bring the package to you at the earliest possibility. In case, they are unable to reach your provided address or at a suitable time, they will contact you to resolve the issue.
(10.6) You can check the time to deliver on your pincode on the product page.
(10.7) You can track the status of your order from the “my account” section.
(11) ON WARRANTY AND RETURNS
(11.1) DaMENSCH offers you a simple return policy, wherein you can raise a return/exchange request of a product. Such products can only be returned in their original packaging, in an unused and sealed condition. When you submit a request for exchange or return, we offer a pick-up service and your requests shall be processed once we receive the items subject to discussion returned to us in its entirety. For further information, please refer to the FAQs on our Website.
(11.2) 15-day Return & Exchange policy: All products are covered under our 15 day easy return policy. If you’re not happy with the size of any product purchased, or change your mind regarding the colour you picked, we’ll be happy to exchange it for you. If you don’t like our product, we’ll refund the same. If the product is tried or the tag is removed, they are not eligible for refund or exchange. However, your first innerwear purchase is covered under 30 day First Try Guarantee
(11.3) 30-day first try guarantee: Your first innerwear purchase is covered under the 30 day first try guarantee. If you’re a first time customer of our innerwear products and find the size, colour or fit unsatisfactory, we’ll send a replacement for the same product in your preferred specifications. If you’re not satisfied with the product, we’ll give you a full refund.
(11.4) 500-day Replacement warranty: Our Constant Collection is covered under the 500-day replacement warranty. Please note that this warranty is only valid for one replacement, in the case of wear & tear in the product after regular usage. For more information on the products covered under this warranty and what constitutes regular usage, please refer to our section on 500-day replacement warranty. Simply put, our assurance that the 500-Day Collection lasts you for a minimum 500-days. We’re so sure about our quality standards that in an unlikely event, if the product loses its original color and form through wear and tear, we will replace it with a new one.
While we are sure of our product, you too need to take care of the 500-day Collection or risk voiding your warranty.
Be aware of the circumstances below to ensure your warranty is not a void: Damage caused by Fire, Bleach, colour bleeding from other garments. Our warranty does not cover tears, rips, or snags caused to the fabric by external object/s, as these are not considered defects in materials or workmanship unless you received it that way, in which case our 30-day guarantee above would apply. Warranty will only apply with a valid invoice from our Website, App,or authorised marketplaces* This product is designed to take 10x more washes than any other product, care instructions are on the inside label of every garment. Our warranty becomes null and void on the products in this Collection, if the garment is washed in, or exposed to bleach. Silk screening, or heat transferring on any garment will ruin, or shorten the life of the garment. Our warranty becomes null and void on ANY garment that is silk screened, heat transferred, embroidered, or otherwise altered after purchase. With the help of forensic tests we will be checking on usage guidelines being followed and in the event of the tests being failed the claim would be rejected. Our warranty also becomes null and void on ANY garment exposed to chlorine, heat, gas, or any liquid above 50º C.
Due to the inevitable likelihood of imitation and counterfeit products on the worldwide market, we do not warrant any products that you buy from an unauthorized dealer/marketplace*
For replacement: Wear & Tear in the products in this Collection after regular usage. Noticeable fading despite following wash care instructions. Please note: This warranty is only valid for only one replacement.
(12) LIMITATION OF LIABILITY
(12.1) DaMENSCH shall not be responsible or liable in any manner to the users for any losses, damage, injuries or expenses incurred by users as a result of any disclosures made by DaMENSCH, where users have consented to the making of such disclosures by DaMENSCH.
(12.2) To the maximum extent permitted by applicable law(s), DaMENSCH, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (a) the use of, or the inability to use, the Website or the App, or the Content, materials and functions related thereto; (b) User's provision of information via the Website and the App; even if such Protected Entity has been advised of the possibility of such damages.
(12.3) DaMENSCH assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect users’ equipment on account of the users’ access to, use of, or browsing the Website or the App, or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the users are dissatisfied with the Website or the App, the sole remedy of such User(s) is to discontinue using the Platform.
(12.4) Damensch assumes no liability and responsibility in the event the access Website or the App is restricted due to reasons not in our control.
(14.1) Our Right: We reserve the right, without notice and in our sole discretion, to terminate your access to, and use of, of the Website and the App, and to block or prevent your future access to, and use of, the Website and the App. We will not be liable to you for the termination of the services or for any consequence arising out of termination of the services.
(16) FORCE MAJEURE
(17) GOVERNING LAW AND DISPUTE RESOLUTION
(18) CONTACT INFORMATION
(18.1) If any user(s) has/have any comment(s,) question(s) or suggestion(s) regarding any of our products, please contact our customer service at email@example.com.
(19) REFERRAL PROGRAM
For the purpose of these Referral Terms,
(i) the term “We”, “Us”, “our”, “Damensch” or “Company” shall mean Damensch Apparel Private Limited;
(ii) the term “Platform” shall mean the Damensch website and the mobile application;
(iii) the term “Referrer” shall mean the person whose Referral Code has been used to successfully purchase any product from the Platform;
(iv) the term “Referral Recipient” or “referee”’, for the purposes of this program shall mean the person who successfully purchases any product using a valid Referral Code;
(v) the term “Customer” or “You” shall mean either the Referrer and the Referral Recipient;
(vi) The term “Referral Code” shall mean a unique code assigned to the Referrer by the Company;
(vii) the Term “Referral Discount” shall mean any incentive provided by the Company to the Referrer or the Referral Recipient;
(viii) the term “Referral Program” shall mean the process under which the Referrer or the Referral Recipient uses the Referral Code on the Platform, to avail of the Referral Discount.
(ix) The term “Successful Referral Transaction” shall mean the Customer has purchased any product from the Platform and the same is delivered to him/her. However, it is clarified that if the product is returned and a refund is raised, if any, the sale shall be excluded from the meaning of a Successful Referral Transaction.
(19.2) General Terms
·These Terms constitute a valid and legally binding agreement between You and Us. By participating in the Referral Program, You agree to be bound by the Terms provided herein.
(19.3) Eligibility Terms
The Referral Program is valid only for the registered users of Damensch, who should be of age 18 years or above, and of a sound mind. Participation in the Referral Program is voluntary and any purchase or transaction on the Platform shall be deemed as acceptance of these Referral Terms.
(19.4) Term of the Offer
This Offer is valid from 04.08.2023 unless extended or revoked by Damensch, without assigning any reason, without prior notice, and without liability of any kind (“Offer Period”).
(19.5) Referral Discount
Subject to the terms and conditions mentioned herein, a Referral Discount shall consist of:
i. For the Referrer, Earn a Rs. 500 Discount Coupon; and
ii. For the Referral Recipient, Earn a Flat 20% off on their first purchase.
(19.5.1) Criteria To Earn Referral Discount
·The Referral Program is applicable only to Customers within India.
·To participate in the Referral Program, Customers must share their unique referral code with their friends or family.
·Friends or family referred by the Customers must be new Customers to DaMENSCH, i.e., they should not have made any previous purchase from the Platform. However, it is clarified that the Company reserves the right to exercise discretion with regard to the issuance of Referral Discounts so as to combat fraudulent transactions.
·The Referral Recipient must use the referral code during the checkout process to avail of the 20% discount.
·The discount coupons earned by successful referring shall be available to the Referrer after a period of seven (7) days from the date of the Referral Recipient’s Successful Referral Transaction on the Platform, and shall be valid for one hundred and twenty (120) days from the date of receiving.
·The discount coupon may be used in combination with an auto-apply coupon to place an order on the Platform.
·There is no limit to the number of friends a customer can refer to.
·The Referral discount earned by the referrer cannot be transferred or exchanged for cash and can only be used on DaMENSCH's Platform for future purchases.
·In case of any returns or cancellations by the Referral Recipient within the 30-day period, the referrer will not be eligible for the 500 rupees discount. Usage of the Referral Discount may be subject to additional terms such as minimum order value, days of use, timing, etc.
·DaMENSCH reserves the right to modify or terminate the Referral Program at any time without prior notice.
·The Company reserves the right to revoke the Referral Discount or suspend a Customer’s account at any time if such sharing of the Referral Code is in contravention of these Referral Terms.
·A successful order placed with a different email address or phone number using the same device will not qualify as a valid referral.
(19.5.2) Terms of Usage of Referral Discount
· Referral Discounts are non-transferable, non-negotiable, and non-refundable, and have no cash alternative.
· The Referral Discount on a Referral Code can be availed only once by the Referral Recipient.
· A Referral Discount cannot be used for any previous orders.
· By participating in the Referral Program, participants agree to the collection and use of their personal information by DaMENSCH for the purpose of administering the Referral Program.
(19.6) Terms for Changes in Referral Program
·You acknowledge and agree that You will not receive any cash equivalent, or refund either in the form of coupons or Money, for the Referral Discount.
·The Company reserves the right to discontinue the Referral Discount without assigning any reasons or without any prior intimation whatsoever to You.
·In case of any dispute, the Company’s decision shall be binding on You.
·The Company reserves its absolute right at any time to add, alter, withdraw, modify or change or vary any or all the Referral Terms at its sole discretion and the same shall be binding on the Customer at all times.
(19.7) Terms to Monitor Referral Activities
The Company reserves the right to review and investigate all referral activities and to suspend accounts or revoke/remove Referral Discount and withhold features or benefits obtained through the Referral Program if the Company believes or determines that the use of a Referral Code or Referral Discount was in error, fraudulent, illegal, or in violation of the Referral Terms.
·Shipping and handling charges would be applicable if the total order value is less than Rs.600/-.
·Damensch reserves the right, at any time, without any prior notice, without liability, and without assigning any reason whatsoever, to add/alter/modify/change or vary any or all of these Offer Terms or to replace, wholly or in part, this offer by another offer, whether similar to this offer or not.
·Damensch reserves the right to disqualify any customer from this Offer if any fraudulent activity is identified as being carried out for the purpose of availing the Offer or if any of the conditions of the Offer Terms are not met.
·Any query/issue in relation to this Offer will be entertained by Damensch only during the offer period and should be addressed to Damensch customer support. Post this, Damensch shall not entertain any queries/issues.
·Nothing contained in these Offer Terms amounts to a commitment by Damensch to conduct further, similar, or other offers.
·These Offer Terms are governed by the laws of India and the courts at Bangalore will have exclusive jurisdiction over any matters/disputes arising out of or in relation to these Offer Terms.
·The customers are not bound in any way to participate in or avail of this Offer. Participation in this Offer is voluntary. The Offer is being made purely on a best-effort basis. Any person availing of this Offer shall be deemed to have accepted these Offer Terms.
·If any provision in these terms and conditions is held to be invalid, void, or unenforceable, such provision will be struck and the same shall not affect the validity of and enforceability of the remaining provisions.