Terms & Conditions

TERMS AND CONDITIONS

The Website (www.divaaglam.com) (“Site”) is owned by Divaaglam Private Limited (“DIVAAGLAM”), a company incorporated under the provisions of the Companies Act, 2013. Your use of this Site and all features provided in the Site are governed by the terms and conditions mentioned below (“Terms”). By accessing or using the Site, you agree to be bound by these Terms.

DIVAAGLAM  reserves the right to change the particulars contained in the Terms or the Policies from time to time and at any time, without notice to its users and at its sole discretion. If DIVAAGLAM decides to change the Terms or Policies, DIVAAGLAM will post the new version of the Terms or the Policies on the Site and update the date specified above. Any change or modification to the Terms and the Policies will be effective immediately from the date of such upload of the Terms and Policies on the Site. Your continued use of the Site following the modifications to the Terms and Policies constitutes your acceptance of the modified Terms and Policies whether or not you have read them. For this reason, you should frequently review these Terms, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

You represent and warrant that you (a) have not previously been suspended or removed from the Site, (b) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders, (c) that you have full power and authority to enter into the Terms and in doing so will not violate any other agreement to which you are a party. This Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

You can register on the Site to create your account. You are responsible for the Custody of your username and password, which must not be communicated to third parties so as to avoid identity theft or making available untruthful or incorrect data. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to DIVAAGLAM.

Before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale, conditions of usage for the product included in the item’s description and will not hold us responsible for your failure to do so.

In the event a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by DIVAAGLAM for redelivery shall be claimed from you.

You will use the services provided by the Site for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

You agree that you are responsible for all data charges you incur through use of the Site

By way of example, and not as a limitation, you agree and undertake that you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • 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;
  • Upload files that contain software or other material protected by 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 Site or another’s computer;
  • 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;
  • Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  • Make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about DIVAAGLAM, its franchisor, associates and partners on any property owned by DIVAAGLAM.
  • Use any false address, impersonate any person or entity, or otherwise mislead DIVAAGLAM by sharing multiple address, e-mail Ids and phone numbers or transacting with malafide intentions.
  • Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
  • Transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gain unauthorized access to other computer systems.
  • Interfere with any other person’s use or enjoyment of the Site.
  • Interfere or disrupt networks or web sites connected to the Site.
  • Download the pictures, images, articles, content or any portion of the Site or copy or gather through extraction tools or any other means for any commercial use or purpose or training.
  • Reproduce, duplicate, copy sell, visit, distribute or otherwise exploit this Site or any portion of it for commercial purposes without the express consent of Owner.
  • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or insult any other nation

You acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information, specifications and images) on the Site. While we have done our best to provide accurate description of the products, this Site, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

DIVAAGLAM reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

DIVAAGLAM does not implicitly or explicitly support or endorse the sale or purchase of any products on the website.

DIVAAGLAM is not responsible for any manufactural side-effects or if the product or service does not suit you. The manufacturer or service provider of the product shall be responsible for such consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.

Prices available on the Site are inclusive of applicable taxes at the current rates, and are expressed in Indian Rupees. Delivery charges, if any, are displayed prior to finalizing an order , are added to the price of the products and are indicated separately on the order form.

Although prices displayed on the Site are regularly verified, DIVAAGLAM cannot guarantee the absence of errors.

Prices may be modified at any time. Applicable price will be the one displayed at the time of placing the order.

If a product / service is listed at an incorrect price or with incorrect information due to any technical error, DIVAAGLAM shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, DIVAAGLAM may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and DIVAAGLAM will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that DIVAAGLAM accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to DIVAAGLAM’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF DIVAAGLAM. DIVAAGLAM may revise and cease to make available any product/ services at any time. In the event, DIVAAGLAM is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. DIVAAGLAM shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

DIVAAGLAM does not assume any responsibility or liability for the User Content. DIVAAGLAM does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by DIVAAGLAM. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. DIVAAGLAM will not be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against DIVAAGLAM for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that DIVAAGLAM has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms DIVAAGLAM has the right to remove any User Content that violates these Terms or is otherwise objectionable.

To report any inappropriate content please email the details to connect@divaaglam.com

Payments on the Site can be made via the following modes: Credit Cards, Debit Cards, Net Banking, UPI, Wallets, e-Gift cards, Cash on Delivery and reward points.

Cash on Delivery will be available only for payments above ₹399.

You will furnish at your own risk correct, complete and accurate details of your card or account and shall be solely responsible for any cost, expense, loss and/or damage which may be suffered by you due to furnishing of wrong details/information. In the event of any data theft, DIVAAGLAM shall not be liable for the same.

DIVAAGLAM shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/or incidental damages to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your present permissible payment limit under the credit/debit and/or any other payment cards and/or net banking accounts.

The Site includes links to third-party sites. Web pages belonging to third-parties have not been reviewed or monitored by DIVAAGLAM. In any event, DIVAAGLAM shall not be liable for the contents of these websites or for the actions taken regarding your privacy or the processing of your personal data.

The references on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply DIVAAGLAM endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between DIVAAGLAM and those third parties.

It is recommended that you carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

DIVAAGLAM reserves the right to immediately terminate, suspend, limit, or restrict your access or use of the Site, at any time, without any notice or liability, if DIVAAGLAM so determines, in its sole discretion, for any reason whatsoever, including that you have: (a) breached these Terms or the Privacy Policy; or (b) violated any applicable law, rule, or regulation; or (c) you have engaged in any inappropriate or unlawful conduct; or (d) provided any false or inaccurate information; or (e) for any other reason that DIVAAGLAM deems fit in its sole discretion, that it would be in its best interest to do so.

Upon any termination of the Terms of Use by either you or DIVAAGLAM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms or otherwise. Any such termination 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 Terms.

DIVAAGLAM does not warrant that said details, descriptions, images of products are totally accurate, complete, reliable, current, or error-free.

This  Site does not, and is not intended to, provide any form of skincare, beauty, healthcare, medical or other form of advice, nor does it provide instruction on the appropriate use of any product produced or supplied by us, our affiliates, related companies, licensors, etc. The information presented on the Site shall not in any manner whatsoever be interpreted or construed as a replacement or substitution for skincare, beauty, healthcare, medical or other form of advice provided by your professional healthcare provider. Under no circumstances will we, our employees, representative or affiliates be liable for the information or the consequences of you relying on such information.

“DIVAAGLAM” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (herein referred to as “Marks” ) of DIVAAGLAM. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of DIVAAGLAM or others, are the intellectual property of their respective owners, and DIVAAGLAM shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

You agree that neither DIVAAGLAM nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of DIVAAGLAM. We make no representations or warranties that defects or errors will be corrected.

Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

 

You will indemnify DIVAAGLAM, its directors, officers, employees, contractors, subsidiaries, partners, affiliates and licensors for any legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Site or including but not limited to violation of these Terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgements, fines, litigation costs and legal fees.

These Terms are governed by and must be interpreted in accordance with Local Laws.

Any disputes arising from the interpretation, validity and/or execution of these Terms shall be subject to the mandatory jurisdiction of the competent courts in Mumbai, India.

Through your usage of the Site you hereby consent, express and agree that you have read and fully understood the Privacy Policy published on the Site. You further consent that the terms and contents of the Privacy Policy are acceptable to you.

Through your usage of the Site you hereby consent, express and agree that you have read and fully understood the Return & Cancellation Policy published on the Site. You further consent that the terms and contents of the Return & Cancellation Policy are acceptable to you.

Through your usage of the Site you hereby consent, express and agree that you have read and fully understood the Shipping & Delivery Policy published on the Site. You further consent that the terms and contents of the Shipping & Delivery Policy are acceptable to you.

These Terms regulate the use of this Site, of which DIVAAGLAM  is the owner and data controller. Use of this Site implies that you acknowledge and agree to these Terms and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersedes and governs all prior proposals, agreements, or other communications.

If you do not accept the terms set out in these Terms and Conditions, you must refrain from accessing and/or using the services and/or contents made available on the Site and must exit the Site.

DIVAAGLAM reserves the right to modify these Terms by simply publishing the relevant modifications to make them known to Users.

Nothing contained in these Terms shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

The headings in the Terms are for convenience only and shall not be used in its interpretation.

DIVAAGLAM’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

For any questions on these Terms please email us on connect@divaaglam.com

 

Please provide your feedback on feedback@divaaglam.com

For order related queries or complaints please mail customercare@divaaglam.com. Complaints must be received by us within 15 days of the occurrence of the issue.

For any questions on these Terms and all other questions please mail connect@divaaglam.com