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Welcome, to mydesignersales.com

 Kindly read the terms and conditions document carefully before using or registering on the website and or accessing any material, information or services through the website, as these services are made available to you only in agreement to terms and conditions or any other rules posted on www.mydesignersales.com.

 Your use of the website and or its services shall signify that you have fully read and understood all terms and conditions and are legally bound by it, regardless of how these services are used. 

In these terms and conditions of use of website, references as ‘We’, ‘Our’, “Us’ or ‘website’ shall mean mydesignersales.com, references of ‘you’, ‘your’, yourself’ and ‘user’ describes the user of the website and its services and references of ‘service providers’ will mean third party service providers.

 Introduction

mydesignersales.com is an internet based e-commerce portal started in July 2012 with the idea of bringing fashion and designer clothing into everyone’s wardrobe.

www.mydesignersales.com is being owned and operated by United Fashion Mart Pvt. Ltd, a Bangalore based company. This company is integrated under the laws of India.

Modification of Terms

We reserve the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. You shall be responsible for regularly reviewing these terms and conditions.  

Eligibility for Membership
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.

 If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users or by registering with us.

 If You do not conform to the above qualification, You shall not be permitted to avail the Services or use the Website. We reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

 Services Offered

We facilitate our users to purchase clothing and accessories from various designer and fashion brands, along with this mydesignersales.com also offers a wide range of internet based services

 User Accounts and Security

You can browse and shop at our website without registering with us, but to avail all services and offers, it is important that you register at our website.

While registering with us, you must provide true, current and complete information as prompted by the application form, in all respects.

 Post completion of our websites registering process, you will receive a password and account designation. The account password you provide should be unique and kept secure by you.

You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You must notify www.mydesignersales.com instantly of any breach of security or unauthorized use of your account. 

All communication to you will be carried out through the contact details provided by you while opening an account; hence it is extremely important to notify mydesignersales.com at info@mydesignersales.com in any change of your registered information.

We shall not be liable for any loss incurred, due to non updation of registered information from your end. 

For security reasons make certain that you exit from your account at the end of each shopping session. Mydesignersales.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above stated terms.

All information shared by you while creating your User Account or accessing the Site shall be protected in accordance with our Privacy Policy. 

 Prices

The price of all product and services mentioned on the website is in Indian Rupees (INR) and are subject to variation at the sole discretion of mydesignersales.com

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You.

The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Website specifically disowns all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

Website shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by mydesignersales.com with our acquiring bank from time to time. 

 Taxes

You are responsible for paying all fees associated with the use of the website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Non Payment

Mydesingersales.com reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to mydesingersales.com. Mydesingersales.com also reserves the right to take legal action in case of non-payment of fees by you to mydesingersales.com.

Third party website (If any)

Mydesignersales.com may provide links to various other websites; this is solely for your convenience. The Linked Sites are not under the control of mydesingersales.com and we are not responsible for the contents on these websites or any errors, omissions or representations on any Linked Site.The provision of a link is not an endorsement and we shall not be responsible in part or full for any kind of transmission and content on these websites.We appeal to the users to verify the precision of all information on their own before undertaking any transaction and communications on these websites.

Clothing disclaimer  

We hereby disclaim any assurance of exactness to the appearance of the final product as ordered by you.The colour of the garment as seen by you may vary to the actual product, due to the variation in the computer systems used by you. Since these garments are designer wear, there will be slight inconsistency in the surface embellishment, like embroidery etc. We request all users to read and follow the wash care instructions mentioned on the product page  to derive maximum usage and avoid any damages to the garment due to improper washing method.The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.

Changes to certain aspects of your order may occur due to limitations in availability of a product, in which case mydesignersales.com will contact providing an alternate option, which if not acceptable to you, we shall refund your money, by the initial payment method

Limitation on use services

The User consents and accepts not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or software obtained from our Website.Reproduction and copying of some material and content of the website is permitted by us, provided mydesingersales.com is mentioned as the source.Please note that prior written permission from us is required to reproduce any content of our website.

  User Conduct and Rules 

Subject to compliance with the Terms of Use, mydesingersales.com grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by mydesingersales.com. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. mydesingersales.com disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein under:

 If Website allows you to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws.

Further, you undertake not to: 

Defame abuse, harass, threaten or otherwise violate the legal rights of others;   Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword; Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any mydesingersales.com  server,  or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
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, the Website, or any other customer of mydesingersales.com, including mydesingersales.com, account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of mydesingersales.com or other third parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

You agree that You are solely responsible to mydesingersales.com and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which mydesingersales.com or its affiliates or its vendors may suffer) for any such breach.

You agree and acknowledge that mydesingersales.com is not the seller of the products and the services and mydesingersales.com shall in no manner be deemed to be the seller of the products or services on this Website. mydesingersales.com is only facilitating purchase of the products or services by You from the vendor by providing the Services to You. 

You agree that mydesingersales.com may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users

 User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or are otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by mydesingersales.com.

 Intellectual Property Rights

Mydesignersdales.com owns solely and extensively all intellectual property rights to and into the website, any and all rights including but not limited to website design, content, images, illustrations, designs, icons, photographs, any written material, graphics, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, icons, and hyperlinks.

All the designs, shapes and trademarks related to the garments displayed in the web site are protected under Indian Copy Right Act and Indian Industrial Design Act and are properties of respective designers / owners.

All software used on this Site is the property of Mydesignersales.com or its suppliers and protected by Indian copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this site is strictly prohibited.

You specifically agree that you shall be solely responsible for any content that you upload on our website, like text, data and images and agree that by uploading these contents on the website you grant non exclusive license for public viewing, reproduction and use of your content.

Disclaimer Of Warranties/Limitation Of Liability 

We strive to make certain that all information provided on our website is correct

You expressly understand and agree that, to the maximum extent permitted by applicable law 

1) The website services and other materials are provided by mydesignersales.com on an ‘as is’ basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non violation, merchantability or fitness for a particular purpose without limiting the foregoing, we make no warranty that a) the website or the services will meet your requirement or your use of the website or the services will be uninterrupted, timely, secure or error free b) The results that may be obtained from the use of the website services or materials will be effective, accurate or reliable c) The quality of the website, services or other materials will meet your expectation, or that d) Any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written obtained by you from mydesignersales.com or through or from use of the services shall create any warranty not expressly stated in the terms of use. 

2) To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, defamations, privacy, publicity, obscenity or other laws mydesignersales.com also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

 3) mydesignersales.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. mydesignersales.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. mydesignersales.com shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. 

4) Further, we shall not be held accountable for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. mydesignersales.com accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

 Indemnification

 1)  You agree to indemnify, defend and hold harmless mydesignersales.com including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by mydesignersales.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. 

2) Further, You agree to hold mydesignersales.com harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

 3) Notwithstanding anything to contrary, mydesignersales.com’s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.

 4) In no event shall mydesignersales.com, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not mydesignersales.com  has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

 5) The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

  Force Majeure Event

 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following,

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks;

(f)  The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. 

Shipping

Title and risk of loss for all products ordered by you shall pass on to you, upon mydesignersales.com’s shipment to the shipping carrier.

Termination

This User Agreement is effective unless and until terminated by either you or mydesignersales.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site.

Mydesignersales.com may terminate this User Agreement at any time and may do so immediately or anytime without notice, and accordingly deny you access to the Site, such termination will be without any liability to mydesignersales.com. Our right to any Comments shall continue to exist, in spite of termination of this User Agreement.

Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Headings

The heading and sub headings given on our website is used to describe and interpret only for your convenience and identification and in no way to limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) sending unsolicited email, including promotions and/or advertising of products or services; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from mydesignersales.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Law and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and mydesingersales.com shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.

Interpretation of Number and Genders

In this agreement unless the context otherwise requires, 

1) Unless the context otherwise requires, (i) the use of the singular shall include the plural and vice versa and (ii) the use of the masculine shall include the feminine and vice versa;

 2)The words “include” and “including” shall be deemed to be followed by the phrase “without limitation”; 

3) The terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar purport refer to this Agreement as a whole; 

4) Any reference to any period of time shall mean a reference to that according to Indian Standard Time. 

5) Any reference to any period of time shall mean a reference to that according to Indian Standard Time. 

6) Reference to day shall mean a reference to a calendar day and reference to month shall mean reference to a calendar month. 

7) Any reference to any period commencing “from” a specified day or date and “till” or “until” a specified day or date shall include both such days or dates;

 Severability

If any covenant or provision hereof is determined to be invalid, illegal or unenforceable in whole or in part, it shall not be deemed to affect or impair the validity of any other covenant, term or provision, each of which is hereby declared to be separate and distinct.  If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted only to the extent it shall become enforceable.  If any provision of this Agreement is declared invalid or unenforceable, such provision shall be modified so as to maintain the essential benefits of the bargain among the Parties to the maximum extent possible, consistent with law and public policy.

Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. mydesignersales.com does not review the contents in any way before they appear on the Website. mydesignersales.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.

 If you come across any abuse or violation of these Terms, please report to info@mydesignersales.com

Assignment

You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Mydesignersales.com’s rights under the Terms of Use are freely transferable by mydesignersales.com to any third parties without the requirement of seeking Your consent.

Waiver

Any failure by mydesignersales.com to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by mydesignersales.com of that provision or right.

Feedback & Information

Any feedback You provide to this Website shall be deemed to be non-confidential. Website shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) mydesignersales.com is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) mydesignersales.com may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from mydesignersales.com for the feedback under any circumstances.

Communications

1. You hereby expressly agree to receive communications by way of SMS, e-mails from mydesignersales.com relating to Services provided through the Website.

2. A User can unsubscribe from receiving communications from mydesignersales.com through SMS and e-mail anytime by:

Visiting www.mydesignersales.com to unsubscribe/subscribe from messages/ SMS; and

Newsletters sent daily at the registered email address an unsubscribe option attached at the bottom of newsletter received through e-mail

Notice

All notices of mydesignersales.com will be served by email or post or by general notification on the Website. Any notice provided to mydesignersales.com pursuant to the Terms of Use should be sent to info@mydesignersales.com com with subject line -Attention: TERMS OF USE.

Governing Law

These terms and this disclaimer and any claim based on use of information from this web site shall be governed by the Indian laws and you agree to submit to the exclusive jurisdiction of the Courts of Bangalore.