Terms of service
TERMS OF SERVICE
Thedivinecompany.in
Last Updated: [Insert Date]
OVERVIEW
Welcome to Thedivinecompany.in. The terms "we", "us" and "our" refer to
THE DIVINE COMPANY PRIVATE LIMITED, operating under the brand TDC?Thedivinecompany.
We operate this online store and website, including all related information, content, features, tools, products and services (collectively, the "Services"), to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services.
These Terms of Service ("Terms") govern your access to and use of our website and Services. By visiting our website, browsing our products, creating an account or placing an order, you agree to be bound by these Terms and our applicable policies, including our Privacy Policy, Shipping Policy and Refund and Return Policy.
Please read these Terms carefully before using our Services. If you do not agree with these Terms, you should not access or use our Services.
These Terms are governed by the applicable laws of India, including relevant consumer protection and e-commerce laws.
SECTION 1 – ELIGIBILITY AND CUSTOMER ACCOUNTS
By using our Services, you confirm that you are legally competent to enter into a binding contract under applicable Indian law.
If you are a minor, you may use our Services only with the involvement and consent of a parent or legal guardian, as permitted by applicable law.
To access certain features or place an order, you may be required to provide information such as your name, email address, phone number, billing address, shipping address and payment details.
You agree that all information provided by you is accurate, current and complete and that you will update it whenever necessary.
You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account. Please notify us promptly if you suspect any unauthorized access to your account.
We reserve the right to suspend or restrict accounts where we reasonably believe there has been fraudulent activity, misuse, unauthorized access or a violation of these Terms, subject to applicable law.
SECTION 2 – OUR PRODUCTS
Thedivinecompany.in offers apparel, fashion products and related merchandise inspired by heritage, culture, creativity and timeless wisdom.
We make reasonable efforts to display our products, including their colours, designs, sizes, fabrics and other characteristics, as accurately as possible.
Actual product colours and appearances may vary slightly depending on your device, screen settings, lighting conditions and other factors.
Product images, including lifestyle photographs and model images, are intended to illustrate the products. The actual product may have minor variations in appearance, placement or finish, but this does not affect your statutory rights regarding product quality or conformity with the description.
Product descriptions, specifications, availability and prices may be updated from time to time. Any material changes applicable to an order will be communicated where required by law.
We reserve the right to discontinue products or limit quantities, subject to applicable law and any confirmed orders.
SECTION 3 – ORDERS AND ACCEPTANCE
When you place an order through our website, you submit an offer to purchase the selected products at the prices and on the terms displayed at checkout.
After receiving your order, we may send an order acknowledgement by email, SMS or other available communication channels. An acknowledgement of receipt does not necessarily mean that the order has been accepted.
Order acceptance will be communicated through an order confirmation or other appropriate notification.
We reserve the right to decline or cancel an order where there are reasonable grounds, including suspected fraud, payment issues, incorrect pricing due to a technical error, product unavailability or inaccurate order information, subject to applicable law.
If we cancel an order after payment has been received, we will initiate an appropriate refund in accordance with our Refund and Return Policy and applicable law.
Please review your order carefully before completing payment. If you wish to request a cancellation, contact us as soon as possible at [Insert Customer Support Email]. Cancellation requests will be handled in accordance with our cancellation policy and applicable law.
You agree to purchase products for lawful personal or household use unless otherwise expressly agreed with us.
SECTION 4 – PRICES, TAXES AND BILLING
All product prices are displayed in Indian Rupees (INR), unless expressly stated otherwise.
Prices, discounts and promotional offers may change from time to time. The price applicable to your order will be the price displayed at checkout when you place the order, subject to correction of any genuine pricing errors in accordance with applicable law.
Applicable taxes, including GST where required, and shipping charges will be disclosed during checkout or otherwise as required by law.
You agree to provide accurate and complete billing, payment and contact information when placing an order.
Payments are processed through the payment methods made available on our website. Your transaction may also be subject to the terms and conditions of the relevant payment service provider.
We do not store complete payment card details unless expressly stated in our Privacy Policy and handled through an appropriately authorized service provider.
If a payment fails, is reversed or is flagged as potentially fraudulent, we may place the order on hold or cancel it, subject to applicable law.
Promotional offers, discount codes and sale campaigns may be subject to separate terms, including validity periods, product eligibility and usage restrictions. Where promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion to the extent permitted by law.
SECTION 5 – SHIPPING AND DELIVERY
We aim to process and dispatch orders within the estimated timelines communicated on our website or at checkout.
Delivery timelines are estimates and may vary depending on the destination, product availability, courier service and circumstances beyond our reasonable control.
Our Shipping Policy provides further information about:
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Order processing and dispatch timelines
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Estimated delivery periods
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Shipping charges and free-shipping eligibility
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Serviceable delivery locations
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Tracking and shipment updates
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Delayed, lost or damaged shipments
Once an order is dispatched, tracking information may be shared with you, where available.
If your order is delayed, lost, damaged or delivered incorrectly, please contact us at support@divinecompany.in with your order details. We will review the matter and take appropriate action in accordance with our policies and applicable law.
Nothing in this section limits any rights or remedies available to you under applicable consumer protection laws.
SECTION 6 – RETURNS, EXCHANGES, REFUNDS AND CANCELLATIONS
We want you to have a satisfactory shopping experience with Thedivinecompany.in.
Returns, exchanges, refunds and cancellations are governed by our Refund and Return Policy, available at https://thedivinecompany.in/pages/refund-return-policy.
The policy should specify the applicable eligibility conditions, request timelines, product condition requirements, return shipping arrangements and refund processing procedures.
If a product is defective, damaged, incorrect, materially different from its description or otherwise covered by applicable consumer protection laws, you may be entitled to remedies under those laws.
We will not use our policies to deny any consumer right or remedy that cannot legally be excluded or restricted.
For return, exchange or refund assistance, contact us at support@divinecompany.in
SECTION 7 – INTELLECTUAL PROPERTY
All content available through our Services, including our brand names, logos, product designs, graphics, illustrations, photographs, text, videos, website layouts and other creative materials, is owned by or licensed to The Divine Company Private Limited, unless otherwise indicated.
Our brand identity, designs, artwork and original creative content are protected by applicable intellectual property laws.
You may access and use our website for personal, lawful and non-commercial purposes.
You must not reproduce, copy, distribute, modify, publish, commercially exploit or create derivative works from our intellectual property without our prior written permission, except where permitted by applicable law.
All third-party trademarks, logos and other intellectual property displayed on our website remain the property of their respective owners.
Unauthorized use of our intellectual property may result in appropriate legal action in accordance with applicable law.
SECTION 8 – THIRD-PARTY SERVICES AND LINKS
Our website may contain links to third-party websites, payment gateways, shipping providers, social media platforms and other external services.
These third-party services are operated independently and may be subject to their own terms and privacy policies.
We are not responsible for the content, security, availability or privacy practices of third-party websites that we do not operate or control.
Your interactions with third-party services are subject to the applicable terms and conditions of those providers.
Where a third-party service is used to fulfil your order or provide our Services, we will handle any responsibilities applicable to us under relevant law.
SECTION 9 – SHOPIFY PLATFORM
Our online store is hosted on Shopify, which provides the e-commerce platform that enables us to offer our products and Services.
However, purchases made through our store are transactions between you and The Divine Company Private Limited, operating as Thedivinecompany.in.
Shopify is not the seller of our products and does not assume the seller's obligations for our transactions merely by providing the platform.
Shopify may process certain personal information as described in our Privacy Policy and Shopify's applicable privacy terms.
Nothing in these Terms excludes or limits any liability or responsibility that cannot legally be excluded or limited.
SECTION 10 – PRIVACY AND PERSONAL INFORMATION
We respect your privacy and are committed to handling your personal information responsibly.
When you use our website, create an account, place an order or contact us, we may collect and process information such as:
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Name and contact details
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Billing and shipping addresses
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Order and transaction information
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Account information
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Customer service communications
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Website usage and technical information, where applicable
We use this information to process orders, deliver products, provide customer support, manage accounts, improve our Services, prevent fraud and fulfil legal obligations.
Your personal information may be shared with service providers, including Shopify, payment processors, delivery partners and other service providers, where necessary for the purposes described in our Privacy Policy and subject to applicable law.
For more information about how we collect, use, store, share and protect personal information, please read our Privacy Policy at https://thedivinecompany.in/policies/privacy-policy.
You may contact us at support@divinecompany.in for privacy-related questions or requests. We will handle such requests in accordance with applicable law.
SECTION 11 – CUSTOMER FEEDBACK AND REVIEWS
We welcome your feedback, suggestions, product reviews and other submissions that help us improve our products and Services.
By submitting a review, photograph, suggestion or other content to us, you confirm that you have the necessary rights and permissions to submit that content and that it does not violate the rights of any third party or applicable law.
You grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and publish the submitted content for the purposes of operating, improving and promoting our business, subject to applicable law.
Where required by law or where we have separately agreed, we will obtain any additional consent necessary for a particular use.
We may moderate or remove content that is unlawful, misleading, abusive, fraudulent, infringes third-party rights or violates these Terms.
We do not claim ownership of your original content merely because you submit it to us.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We make reasonable efforts to ensure that information on our website is accurate and up to date.
Occasionally, information may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates or availability.
Where we identify a material error, we may correct the information and take appropriate action in accordance with applicable law.
If an error affects an order you have placed, we will take reasonable steps to notify you and, where necessary, offer appropriate options, including cancellation and refund where applicable.
We will not rely on this section to avoid any legal obligation or consumer remedy.
SECTION 13 – PROHIBITED USES
You agree to use our Services only for lawful purposes and in accordance with these Terms.
You must not use our website:
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For any unlawful, fraudulent or malicious purpose
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To violate applicable laws or regulations
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To infringe our intellectual property or the rights of others
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To submit false, misleading or deceptive information
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To transmit viruses, malicious code or harmful content
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To interfere with the security, functionality or operation of our website
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To impersonate another person or misrepresent your identity
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To collect personal information from other customers without authorization
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To engage in unauthorized scraping, data extraction or automated access that violates applicable law or our reasonable technical restrictions
You must not attempt to bypass security controls, gain unauthorized access to our systems or disrupt the experience of other users.
We may investigate suspected misuse and take appropriate measures, including restricting access or suspending accounts, where permitted by law.
SECTION 14 – AUTOMATED ACCESS AND AGENTS
For the purposes of this section, an "Agent" means software or a service that performs automated or semi-automated actions on behalf of a person or organization, including automated browsing, purchasing or interaction with our Services.
Automated access to our website must comply with applicable laws, our reasonable security requirements and any technical restrictions communicated by us.
Where permitted automated access is provided, the Agent must not misrepresent its identity, circumvent security controls, interfere with website operations or collect personal information without authorization.
We may implement reasonable technical measures to protect our website, customers, products and systems from harmful or abusive automated activity.
Nothing in this section is intended to prohibit lawful accessibility tools, ordinary search engine indexing or other automated activity that we have expressly authorized, or to restrict rights protected by applicable law.
SECTION 15 – SUSPENSION AND TERMINATION
We may restrict, suspend or terminate your access to our Services where we reasonably believe that you have materially violated these Terms, engaged in fraudulent activity, misused our website or created a security risk, subject to applicable law.
Where reasonably practicable, we may provide notice of the reason for such action.
Termination or suspension of access does not affect rights or obligations that have already accrued, including valid payment, refund or consumer protection obligations.
Any provisions of these Terms that by their nature should continue after termination will remain effective to the extent permitted by applicable law.
SECTION 16 – DISCLAIMER OF WARRANTIES
We make reasonable efforts to provide reliable Services and accurate product information.
Our website and Services may occasionally be unavailable due to maintenance, technical issues, network interruptions or circumstances outside our reasonable control.
To the maximum extent permitted by applicable law, we do not guarantee that access to our website will always be uninterrupted, error-free or continuously available.
Products are supplied in accordance with their applicable descriptions, specifications and statutory requirements.
Nothing in these Terms excludes or limits any warranty, guarantee, consumer right or legal protection that cannot be excluded or limited under applicable law.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law,
THE DIVINE COMPANY PRIVATE LIMITED
will not be liable for indirect or consequential losses that are not reasonably foreseeable and that arise from the use of our Services.
Nothing in these Terms excludes or limits liability for:
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Fraud or fraudulent misrepresentation
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Wilful misconduct or any liability that cannot legally be excluded
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Death or personal injury to the extent caused by negligence, where liability cannot be excluded
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Defective products, unfair trade practices or consumer rights to the extent protected by applicable law
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Any other liability that cannot legally be limited or excluded
Any limitation of liability under these Terms will be interpreted subject to applicable Indian laws and the rights of consumers.
SECTION 18 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses or claims arising directly from your unlawful use of our Services, your infringement of third-party rights or your material breach of these Terms.
This section does not require you to indemnify us for our own negligence, wilful misconduct, violation of applicable law or any liability that cannot legally be transferred to you.
We will provide appropriate notice of any claim for which we seek indemnification and reasonable cooperation where necessary.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable by a competent authority, that provision will be limited or severed to the extent necessary.
The remaining provisions will continue to apply to the extent that they remain valid and enforceable.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not exercise or enforce a right under these Terms, that does not mean we waive that right.
These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy and any other applicable policies referenced herein, form the agreement governing your use of our Services, subject to applicable law.
If any provision of these Terms conflicts with a mandatory legal requirement, the mandatory legal requirement will prevail.
SECTION 21 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is not permitted by applicable law.
We may transfer or assign our rights and obligations as part of a merger, restructuring, business transfer or other lawful transaction, provided that such transfer does not unlawfully affect your rights as a consumer.
SECTION 22 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of India.
Subject to applicable consumer protection laws and the jurisdiction of competent consumer commissions and other authorities, disputes arising out of these Terms will be subject to the jurisdiction of the competent courts at Bangalore, India.
Nothing in this section limits any right you may have to approach a consumer commission or other competent authority under applicable law.
SECTION 23 – HEADINGS
The headings used in these Terms are included for convenience only and do not affect the interpretation of any provision.
SECTION 24 – CHANGES TO THESE TERMS
We may update or revise these Terms from time to time to reflect changes in our business operations, Services, applicable laws or policies.
The latest version will be made available on our website with the updated revision date.
Where required by law, we will provide notice of material changes and obtain any necessary consent.
Your continued use of our Services after changes take effect will be subject to the updated Terms, to the extent permitted by applicable law.
SECTION 25 – GRIEVANCE REDRESSAL AND CONTACT INFORMATION
We are committed to addressing customer questions, complaints and concerns in a timely and fair manner.
For assistance with orders, products, payments, shipping, returns, refunds or any other matter relating to our Services, please contact us using the details below.
Business Details
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Trading Name: TDC/Thedivinecompany
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Legal Business Name: The Divine Company Private Limited
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Business Address:
NO. 17, 9TH CROSS, RAMAKRISHNA LAYOUT,
MALAGALA, NAGARBHAVI 2ND STAGE, NAGARBHAVI,
BANGLORE NORTH- 560072
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Customer Support Email: support@thedivinecompany.in
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Customer Support Phone: +91 88846 66869
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GSTIN: 29AANCT0706G1Z9
Grievance Officer Contact
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Name: [Insert Grievance Officer's Full Name]
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Designation: Grievance Officer
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Email: support@divinecompany.in
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Phone: [Insert Contact Number]
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Address:
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NO. 17, 9TH CROSS, RAMAKRISHNA LAYOUT,
MALAGALA, NAGARBHAVI 2ND STAGE, NAGARBHAVI,
BANGLORE NORTH- 560072
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Please include your order number, contact details and a description of your concern when submitting a complaint.
We will acknowledge consumer grievances within the timeframe required by applicable law and endeavour to resolve them within the prescribed period.
If you are not satisfied with the resolution, you may pursue any remedy available to you under applicable Indian consumer protection laws, including approaching the appropriate consumer dispute redressal commission.
Thank you for shopping with Thedivinecompany.in.
We appreciate your trust and support and look forward to providing you with a meaningful shopping experience.