1. These Terms and Conditions (hereinafter referred to as the “T&C” or “Terms & Conditions”) constitute an electronic record as per the Information Technology Act, 2000, along with its applicable rules and regulations. This digital document is generated by a computer system and does not necessitate any physical or digital signature. Its publication adheres to the stipulations of Rule 3 under the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, in conjunction with the Consumer Protection (E-Commerce) Rules, 2020. This publication is essential for accessing or utilizing https://divanoelegante.com

Operating from its registered office at Bilekally, 1st main 1st Cross, Vijay Bank Layout, Bengaluru-560076, DIVANOELEGANTE manages the e-commerce platform divanoelegante.com, along with any successor site or associated domains, sub-domains, services, and tools, collectively referred to as the “Website.” Offered by the Company as a service to the general public (hereafter termed the “User” or “you”), DivanoElegante is designed to enable users to explore and place online orders for products (goods or services) available for sale on the website (referred to as the “Services”). 

The Company retains the right to amend, supplement, add, alter, or modify the Website’s content at its discretion, without prior notification. All reasonable efforts will be made to ensure the accuracy and currency of information on the Website.

Irrespective of any contrary consultations, evaluations, descriptions, opinions, or information, whether conveyed in writing or orally by DIVANOELEGANTE, the User explicitly agrees to the following terms outlined below.

Agreement

Accessing the website implies that the user has comprehended, acknowledged, and accepted the obligation to adhere to the rules, guidelines, and terms of use outlined below, or as updated periodically, along with any supplementary terms governing the website and/or its services. Through the mere act of utilizing the website, the user enters into a legal agreement with DIVANOELEGANTE. These Terms & Conditions, inclusive of the policies, establish the user’s binding commitments with DIVANOELEGANTE.

Changes to the Terms & Conditions of usage of divanoelegante.com

We retain the authority, at our sole discretion, to alter, modify, append, or eliminate sections of these Terms & Conditions at any time, without prior written notice to the User. It is the User’s responsibility to regularly check the Terms & Conditions for updates or amendments, particularly whenever accessing divanoelegante.com. By continuing to utilize our website, the User implicitly acknowledges acceptance of the updated T&C and agrees to abide by it. In the event that the User disagrees or cannot adhere to any of the T&Cs, it is advised to refrain from using this Website.

Should the User have any questions or inquiries regarding the T&C, or wish to communicate comments or complaints about our website, please contact us via email  divanoelegante@gmail.com

Eligibility to use the Website

The use of the Website is available only to a person who can form legally.

Individuals lacking the legal capacity to enter into contracts within their jurisdiction are not permitted to utilize our website. Users under the age of 18, hereby referred to as minors, are strictly prohibited from accessing our website. In the event that a minor wishes to use the website, their legal guardian or parents must do so on their behalf. We retain the authority to terminate a user’s membership and/or deny access to the website if we become aware or discover that the user is below 18 years of age. 

Intellectual Property Rights

The contents on the website are safeguarded by copyright, trademarks, and various other intellectual property rights. Users are permitted to access and view the website’s content on a computer screen, but not on any server or other storage device connected to a network. Printing a copy of the content for personal, non-commercial use is allowed, provided the user maintains all copyright and proprietary notices intact. Without written permission from DivanoElegante, users are prohibited from reproducing, modifying, copying, distributing, or using the materials or content on the website for commercial purposes.

Copy Rights and Trademark

DIVANOELEGANTE, along with its suppliers and licensors, explicitly retains all intellectual property rights related to the contents found on the website, encompassing text, images, products, programs, processes, technology, and other materials, irrespective of their designation. Accessing the website does not grant or imply any license under the intellectual property rights of DIVANOELEGANTE or any third party. All rights, including copyright, associated with this website are either owned by or licensed to DIVANOELEGANTE. Any usage of the website or its contents, such as copying or storing, except for the user’s personal and non-commercial purposes, is strictly prohibited without the explicit permission of DIVANOELEGANTE.

The trademarks, service marks, logos, names, design marks, slogans, taglines, and related product and service names are the exclusive property of DIVANOELEGANTE, its affiliates, partners, or suppliers. These marks are the assets of the respective companies, firms, or proprietors. Accessing the website does not grant authorization to utilize any names, marks, products, or services of third parties or establish hypertext links to third-party websites. The information provided is for convenience only and does not imply endorsement, recommendation, or sponsorship of third-party entities, information, products, or services by DIVANOELEGANTE.

We disclaim responsibility for the content on any third-party sites and make no representations regarding their content or accuracy. Users who decide to link to such third-party websites do so at their own risk.

All materials on the website, including images, designs, icons, text, music clips, video clips, programs, downloads, and any other content, are intended solely for personal and non-commercial use. Copying or downloading does not transfer any right, interest, or title in the material or software to the user. The software on the website is the property of DIVANOELEGANTE, its licensees, and suppliers, protected by Indian and International Copyright Laws. Any unauthorized use, such as reproduction, modification, distribution, transmission, republication, display, or performance of the website’s contents, is strictly prohibited. The compilation of the website’s contents is the exclusive property of DIVANOELEGANTE and is protected by applicable laws.

Information Accuracy

The product images featured on our website serve a representative purpose, providing users with a general understanding of the product/s. Actual products may differ in terms of appearance, packaging, and other attributes. The product images and descriptions on the website are presented on an “AS IS” basis, without any expressed or implied warranties. While we strive for accuracy, all information is subject to change without guarantee.

The quality and colors of the product displayed on the website are contingent upon your display unit, such as a monitor. We cannot ensure the precise accuracy of colors on a user’s display unit.

DIVANOELEGANTE disclaims, to the maximum extent permitted by law, all liabilities arising from website access, including but not limited to any financial loss or other damages resulting directly or indirectly from reliance on such information.

User Conduct and Content

The User agrees to adhere to all legal requirements in their jurisdiction and the laws of India while using the Website. The User acknowledges their full responsibility for understanding these legal requirements and ensuring compliance.

We may offer Users the opportunity to share questions, suggestions, comments, reviews, and other information (referred to as “User Content”) on the Website, via telephone, email, our social media platform, or any other means related to the User’s use of the Website. The User assures that any User Content they submit is original and does not violate the intellectual property rights of others.

Moreover, the User grants DIVANOELEGANTE a royalty-free, non-exclusive, irrevocable, perpetual, and transferable right and license to utilize the User Content. This includes but is not limited to copying, modifying, deleting, adapting, publishing, translating, creating derivative works, and incorporating the User Content into any form, medium, or technology worldwide. DIVANOELEGANTE holds discretionary rights in this regard without any further recourse to the User, and the User will not receive compensation. The User also waives any moral rights associated with such User Content.

We will be entitled to use any User Content for any purpose whatsoever and shall be under no obligation –

1. to respond to any User Content
2. to pay any compensation by whatever name called for any User Content
3. to maintain any User Content in confidence.

The user must refrain from posting content that goes against moral standards, is defamatory, inflammatory, or in violation of common decency or legal norms. Additionally, the user acknowledges that any content they submit must adhere to the terms and conditions (T&C) and must not infringe upon the rights of third parties, including but not limited to copyright, trademark, privacy, or proprietary rights. It is imperative that the user’s content does not harm any individual or entity.

The User shall not transmit, publish, host, display, modify, upload, update and/or share any information or User Content that – 

1. is false; 
2. impersonates another person; 
3. contains viruses; 
4. contains any form of spam including but not limited to political campaigning, commercial solicitation, chain letters, or mass mailings; 
5. contains malware or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; 
6. belongs to another person and to which the User has no right to it; 
7. harms minors in any way; 
8. is harmful, defamatory, obscene, harassing, blasphemous, pornographic, pedophiliac, hateful, libelous, racially or ethnically objectionable, invasive to another’s privacy and disparaging, etc.; 
9. violates any law for the time being in force including but not limiting to encouraging money laundering or gambling, indecent representation of women or otherwise unlawful in any manner whatsoever; 
10. infringes any copyright, trademark, or other proprietary rights; 
11. misleads or deceives the addressee about the origin of such messages; 
12. threatens the unity, integrity, security, defence ,  public order, or causes incitement to the commission of any cognizable offence or is insulting any other nation.

We don’t routinely scrutinize posted User Content, but we retain the authority to monitor, modify, or delete any User Content. By agreeing to this, the User grants DIVANOELEGANTE the right to use their name in connection with the User Content. The User is solely accountable for the User Content and commits to indemnifying DIVANOELEGANTE, its affiliates, and group companies against any claims arising from User Content submitted by the User. DIVANOELEGANTE, its affiliates, and group companies disclaim any responsibility and disavow any liability for User Content submitted by the User or any third party.

Restrictions

By utilizing our website, users are bound by the agreement that they shall not, either personally or by enabling others, engage in any activities that may negatively impact us or reflect unfavorably upon our website, goodwill, name, or reputation. Additionally, users must refrain from causing distress, duress, or discomfort to us or any other individuals.

Users are prohibited from:

1. Discouraging individuals from using any part of the website or engaging in activities such as advertising, linking, or forming business partnerships with us.

2. Using the website for commercial purposes, including marketing, advertising, or offering goods or services, without our explicit authorization.

3. Engaging in spamming, phishing, or any other malicious activities.

4. Attempting to test, scan, or probe the vulnerability of the system or network without proper authorization.

5. Gaining unauthorized access to the website, user personal information, or other connected pages in violation of our terms and conditions.

6. Uploading, distributing, or transmitting malicious programs or codes that may harm the website or its users.

7. Altering, impairing, modifying, disrupting, or interfering with the website’s features, functions, operation, or maintenance.

8. Forgery of any TCP/IP packet header or email/newsgroup posting information.

9. Engaging in abusive, objectionable, threatening, offensive, libelous, defamatory, harmful, or discriminatory behavior.

10. Impersonating others or engaging in any activities that may be deemed inappropriate or offensive.

These instances serve as examples, and we reserve the right to determine any similar or identical actions that are restrictive in nature. In the event that a user contradicts any stipulations mentioned above, we retain the right to disable their access to the website without prior notice or explanation. 

Personal Information 

We value the privacy of our users and treat any personal information provided with utmost respect. Personal information includes, but is not limited to, the user’s name, email address, phone number, and debit/credit card details. Users are not obligated to share any information they are not comfortable providing. All information submitted by users is safeguarded according to our Privacy Policy, which outlines the types of data we collect online and how it is utilized. It is important for users to carefully read and understand our Privacy Policy, as we periodically update it.

Users are advised to consult the Privacy Policy before disclosing any personal information. In the event a user disagrees with our Privacy Policy, they can communicate their concerns to us, and we will promptly delete their personal information within our control. Our commitment lies in ensuring the protection of users’ personal information in accordance with our Privacy Policy. For more details, please refer to our updated Privacy Policy.

Additionally, users are responsible for maintaining the confidentiality of their user IDs and passwords, whether on our website or any third-party platforms (e.g., net banking or debit/credit cards). Any activities occurring under the user’s account are their responsibility. We are not liable for any loss or damage resulting from the user’s failure to protect their user IDs and passwords. If a user suspects unauthorized access or knowledge of their password by someone else, they should promptly notify us using the provided contact information in the Terms and Conditions. In cases where a breach of security or misuse of the website is suspected, we may require the user to change their password or may suspend their account, with no liability on our part.

Non-confidential Information of the User

We kindly request that you refrain from sharing confidential, trade secret, or proprietary information via the Website. Any materials, suggestions, ideas, comments, or other forms of information sent to us through any means will be considered non-confidential. By submitting information, the User grants us an irrevocable and unrestricted license to utilize, modify, reproduce, display, distribute, and transmit the provided information for any purpose. It is important to note that we are committed to not associating the User’s name with such information unless we have obtained explicit permission or are otherwise mandated by law to do so.

Account Creation And Registered User

In order to conduct transactions and make purchases on the Website, users are required to register and create an account, securing it with a password of their choice within the specified password parameters (referred to hereafter as the “Account”). The created Account is personal and cannot be transferred to another individual. The user’s registration and order on the Website are considered complete upon acceptance of the Terms and Conditions (T&C). It’s important to note that the T&C applies each time the user submits an order for any product on the Website.

Access to the Website is limited to individuals who can legally enter into agreements. By registering and creating an Account, users are classified as “Registered Users.” To attain this status, users must provide accurate, current, complete, and truthful information as requested during the account creation process or when submitting an order on the Website. If the user is under 18 years old, the Website may be used by their parent or legal guardian, who will be bound by the T&C, including financial charges and legal liability incurred while using the Website. We retain the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

The user affirms that the information provided during registration or when placing an order on the Website is accurate, current, truthful, and complete. The user is responsible for keeping this information up-to-date and agrees that it will be treated in accordance with the Privacy Policy.

Users accept full responsibility for all activities occurring under their Account or password. We bear no responsibility for any loss or damage resulting from the user’s failure to protect their Account or password. In the event of suspected security breaches or misuse of the Website, we may require the user to change their password or suspend their account without liability or prior notice.

To utilize the user-provided information, users agree that we do not violate any of their rights. Users grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual right to exercise the copyright, publicity, database, and any other rights they have in their information, in any media related to their information. We commit to using user information only in accordance with the T&C and Privacy Policy of the Website..    

Our Services, Order at Website, Pricing, and Payment 

The Services shall include – 

1. Utilizing the Website for the acquisition of various products.
2. Securing logistical assistance, preferably from an entity with expertise in collecting and transporting purchased products, to facilitate delivery to the User.
3. Our “Customer Support” provides Users with the opportunity to reach out at divanoelegante@gmail.com for any inquiries related to product purchases or acquired items.

All prices presented on the Website are clearly indicated. By placing an order, the User commits to paying the total amount specified for the respective product, inclusive of any associated shipping costs, charges, and taxes incurred during the order process.

We reserve the right to decline a User’s product order under the following circumstances: 

1. The item is unavailable.
2. There is an error in product information or pricing.
3. Authorization for payment cannot be obtained.
4. Shipping restrictions or limitations apply to the User’s location.
5. Any other reason deemed appropriate at our sole discretion.

Kindly be aware that we will notify the user if the order is not accepted, and any associated payment will not be processed. We hold no responsibility to the user or any third party for our decision to decline processing the order or suspend any transaction post-initiation.

Should any pricing errors occur on the website or during order processing due to any reason, we will make good-faith efforts to address the resulting issues. The user agrees to collaborate with us in resolving such matters, acknowledging our sole discretion in determining the appropriate resolution.

All products featured on the website will be sold either at the Maximum Retail Price (MRP), inclusive of all taxes, or at a discounted price, including all taxes, unless otherwise stated. Prices and taxes for products are subject to change without prior notice. It’s important to note that online prices may differ from offline store prices for various reasons. The user explicitly accepts and acknowledges that no disputes shall be raised regarding such disparities. In the event of the user being erroneously invoiced or charged a price higher than the MRP printed on the product package, they are required to contact our Customer Care for a refund, following our policy.

When utilizing the payment options provided on the website, we do not assume any responsibility or liability for any loss or damage directly or indirectly incurred by the user due to:

1. Lack of authorization for any transaction.
2. Payment issues arising from the transaction.
3. Transaction decline for any reasons.
4. Exceeding the preset limit set by the user’s banker.

Any technical or non-technical reasons resulting in non-receipt of payment from the user or on their behalf.We may present various payment options, including but not limited to debit cards, credit cards, net banking, UPI, etc., for customer convenience. It is important to note that the acceptance of card payments is solely at the discretion of the company, and we may request the user to submit a copy of a photo identity proof or other documents. The company reserves the right to add, modify, or remove payment options without prior notice. The use of payment options on the website is always subject to the rules, regulations, and guidelines under applicable laws, issuer banks, facility providers, and other intermediaries involved in the payment process.

We assess the purchasing and returning behavior of users/customers and retain the right to process transactions for users/customers with a history of questionable charges, including breaches of agreements with the company or violations of any laws or policies.

At our sole discretion and without prior notice, we reserve the right to limit the quantity/value of items purchased per person, household, or order. These restrictions may apply to orders placed through the same account, debit/credit card, net banking channel, or orders using the same billing or shipping address.

Discount e-coupons

Usage of discount e-coupons is subject to these Terms and Conditions (T&C) and the specific terms outlined for each individual e-coupon. We will honor e-coupons only if they are used in accordance with these T&C and the terms specified for each e-coupon. All discount e-coupons are the exclusive property of the Company, non-transferable, non-resalable, and have no cash alternatives. Each e-coupon is assigned an expiration date, and after this date, users cannot utilize the coupons. We retain the right to cancel or refuse the use of an e-coupon if fraudulent or illegal activity is suspected. Users cannot make any claims in the event of rejection or cancellation by us.

Shipping 

The User acknowledges and agrees that providing an accurate postal or shipping address is crucial for timely delivery. The User is solely responsible for ensuring the accuracy of the provided postal or shipping address for the delivery of purchased products. The risk of loss and title for the purchased products is transferred to the User upon delivery by our Logistic Partner.

We disclaim responsibility for any delays, loss, or misdelivery of purchased products caused by User error or inaccurate, incorrect, false, or incomplete information provided by the User. If there is an incomplete delivery or if the delivered product is not in perfect condition, please contact us immediately at divanoelegante@gmail.com.

For additional information, please consult our Shipping Policy.

Return, Refund, And Cancellation

Refunds for order returns or cancellations, whether total or partial, will be handled in accordance with our “Return, Refund, and Cancellation Policy.” The User or Customer will receive reimbursements based on the guidelines outlined in the policy for any payments made. If the User or Customer believes there is an error in the refund provided, prompt communication is encouraged at divanoelegante@gmail.com.

Order cancellations are permissible within a 24-hour window, and the User or Customer may contact Customer Care during operational hours, from 9:30 AM to 6:30 PM, Monday to Saturday.

For a comprehensive understanding of the return, refund, and cancellation process, including details, timelines, and terms and conditions, kindly refer to our “Return, Refund, and Cancellation Policy.

Disclaimer & Warranties 

The Website, as well as any products or services accessible through it, are provided without warranties or guarantees and are in an “AS IS” condition. The User assumes all risks associated with the Website’s use. The Company, along with its affiliates, suppliers, officers, directors, employees, and agents, disclaims all warranties, whether express or implied, related to the Website and its use by the User, to the fullest extent permitted by law.

 The Company, its associates, affiliates, or suppliers do not make any warranties or representations regarding the accuracy or completeness of the Website’s contents or the content of any linked Websites. They assume no liability for:

1.  Errors, mistakes, incompleteness, or inaccuracies on the Website.
2. Personal injury or property damage resulting from accessing and using the Website.
3. Unauthorized access to or use of secure services and stored information.
4. Cessation or interruption of transmission to or from the Website.
5. Bugs, Trojan horses, viruses, or similar issues transmitted to or from the Website by any third party.
6. Errors or omissions in any content, or any loss or damage incurred due to such errors or omissions in content posted, transmitted, or otherwise related to the Website.

The Company, its associates, affiliates, or suppliers do not provide any warranties or representations for any loss or damage, in law, contract, or tort suffered by the User due to the User’s error of judgment or otherwise regarding the suitability of the Company’s products or services for any particular use or purpose. Users are advised to exercise their best judgment and caution.

This disclaimer is an integral part of the Terms and Conditions and does not apply to any product warranty offered by the product’s manufacturer.

To the fullest extent permitted by applicable law, the company, its affiliated entities, or suppliers shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages, whether in an action, under contract, negligence, or otherwise, arising from or in connection with the use, inability to use, or performance of information, products, services, and materials available from the Website.

The User explicitly acknowledges that the Company is not liable for the content or defamatory, offensive, or illegal conduct of any party, and the risk of harm or damage lies entirely with the User.   

Product Specific Warranty or Guarantee

With the exception of the explicit representations, warranties, or guarantees outlined in this section and the specific product/service representations and warranties or guarantees within the product, (a) neither we nor any other party acting on our behalf have made any express or implied representation, warranty, or guarantee, whether verbal or written, arising under the law, in the course of dealing, in the course of performance, through usage and trade, or otherwise—all of which are explicitly disclaimed, and (b) you acknowledge that you have not placed reliance on any representation, warranty, or guarantee made by any other party or individual acting on our behalf, except as expressly provided in this section of the agreement.

Limitation of Liability and Indemnity

The provisions within the Terms and Conditions (T&C) do not intend to impede the User’s legal rights. The utilization of products or services, including but not limited to accessing the Website, is undertaken by the User at their own risk. Unless explicitly specified in the T&C, the User acknowledges full responsibility and assumes the risk of any loss resulting from their use of products or services, encompassing the use of the Website.

By engaging with the Website divanoelegante.com, and in accordance with applicable law, you hereby agree to defend, indemnify, and exempt the Company, its affiliates, group companies, suppliers, officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including attorney’s fees. These may arise from [a] the User’s use and access of the Website; or [b] the User’s actions, inactions, or violations of these T&C; or [c] the User’s infringement of any third-party rights, such as copyright, proprietary, or privacy rights.

Under no circumstances, and based on any legal or equitable theory, shall the Company, its affiliates, group companies, suppliers, employees, directors, officers, or agents be held liable to the User or any third party for direct, indirect, special, incidental, or consequential losses or damages of any nature. This includes, without limitation, damages for loss of profits, goodwill, data, work stoppage, business interruption, or accuracy of results, arising from:

1. The use or inability to use the Website.
2. The User’s reliance on the Website or any information, whether related to products, services, or hyperlinks provided on the Website.
3. The User providing information, including personal information, to us.
4. The provision of any services by us.
5. Acts or negligence on our part.

In no event will the Company be liable for losses, damages, or expenses exceeding the amount paid by the User for the Product related to the claim. The User explicitly releases us from all obligations, liabilities, and claims beyond this limitation.

The indemnification obligation stated herein shall persist beyond the T&C and the User’s use of the Website.

Assignment

The User is prohibited from transferring or assigning this T&C, as well as any rights and licenses provided here, without obtaining prior written consent from the Company. Conversely, the Company holds the authority to assign these rights without any limitations.

Miscellaneous 

Display: We have taken every possible measure to present our products as accurately as we can, encompassing the product image, appearance, and especially the product color on the website. However, the variation in display units, such as computer monitors, may lead to discrepancies, and we cannot assure that the color displayed on the user’s device will be precise or exact.

Product Description: While we strive for accuracy in our product descriptions using the information available to us, we cannot guarantee that they are error-free, complete, reliable, or current.

Force Majeure: We are not liable for any delays or failures in fulfilling the terms and conditions (T&C) due to factors beyond our control, such as acts of God, governmental actions, epidemics, war, terrorist acts, natural disasters, and other unforeseen circumstances.

Hyperlinks: Any links or references to external websites on our platform are for user convenience. We explicitly disclaim responsibility for the content, operation, or privacy practices of linked sites. Users engage with linked sites at their own risk.

Intellectual Properties: We own or have the license for all copyrights, trademarks, and other intellectual properties on the website. No one is permitted to use these intellectual properties without prior written approval from DIVANOELEGANTE.

No License: Access to the website does not grant any license for our intellectual property or that of third parties licensed to us.

Right to Alter or Improve: We reserve the right to correct errors, enhance content, and make changes to the website without prior notice. Additionally, we may alter, limit, or discontinue products or services at our discretion without any liability.

Suspension or Termination of User’s Account: We may suspend or terminate a user’s account, wholly or partially, without prior notice if there are reasons to believe that the user violates the T&C or applicable laws, or poses a threat to the company’s or a third party’s interests.

Use of Cookies: Cookies may be used on the website to collect information about user activities for reporting, trend analysis, and monitoring website usage. Users consent to the use of cookies and similar technologies for improved convenience and effective website operation.

Offensive Materials/Contents: Users acknowledge the possibility of encountering material deemed offensive while using the website. We disclaim any liability for such materials, and users engage with the website at their own risk.

User Confirmation: If the user is not a consumer, they confirm having the authority to bind any person, natural or artificial, on whose behalf they are using the website.

Severability: If any terms and/or conditions in this T&C are deemed unenforceable, they will be reformed to the extent necessary, and the remaining terms and/or conditions will remain in full force.

Waiver: Our failure to address a breach of these T&C by users or others does not constitute a waiver and does not limit our rights regarding such breaches or subsequent ones.

Unauthorized Use: Unauthorized use of the website may lead to a claim for damages and/or criminal charges.

Relationship: Users acknowledge that no joint venture, partnership, employment, or agency exists between them and DIVANOELEGANTE.

No Agreement No Use: Users who disagree with or cannot comply with any of these T&C are requested not to use the website.