1. Terms and Express Consent of Use
1.1 The Websites haberdasher.in
, (hereinafter collectively referred to as the “Site”) are owned and maintained by Haberdasher Ventures Pvt. Ltd. (hereinafter “Haberdasher”) to provide online access to information about Haberdasher’s brand ‘Dashing’
, including the products. These general terms and conditions apply to Site, Mobile Application (‘App’), Microsites created from time to time, Social Media pages, Partner websites and links, with respect to the content, notifications, products and services (collectively referred as "Services"). The terms “Dashing”, “we”, “our”, “us” or “its” refers to Haberdasher; and “you” or “your” or “yours” refers to You, the user of this Site.
and disclaimer of this Site. By accessing or using this Site you also represent that you have the legal authority to accept the terms and conditions on behalf of yourself or any party you represent in connection with your use of this Site.
are part of these terms and both should be read together. Your continuing to use the Site also signifies your understanding of the terms and disclaimers.
1.4 In case you do not agree to the terms, please do not use the Site and/or the information given on the Site or avail the Services therein.
2. Use of Content/Information on the Site
2.1 Permitted Use: Subject to the terms hereof, we hereby provide you with a non-exclusive, revocable, limited license to do the following:
i) You may browse the Site and view the content, information or data, including images, photos, logos, brand names, videos, audio, graphics, icon, script, etc. (collectively or severally referred to as “Content”) made available on this Site only for general information or promotional purposes that may be used for personal, non-commercial use. No right, title or interest in any Content is transferred to you, directly or indirectly and whether as a result of downloading such Content or otherwise.
ii) You may print page(s) from the Site to the extent reasonably necessary for your private use, in accordance with the above.
2.2 Restrictions on Use: You agree to use this Site and all Content therein subject to the following restrictions:
i) The Content on this Site cannot be modified, copied, reproduced, published, transferred, supplemented, displayed, disseminated, broadcasted, or create derivative works thereof, or otherwise used in any other manner without the prior written permission from Haberdasher;
ii) You are not authorized to mirror, scrape, or frame this Site or any pages or materials contained on this Site on any other website, web page or any other server;
iii) You shall not advertise or sell products or services to others on or through this Site or offer unsolicited content or e-mails;
iv) You shall not carry out illegal activities on this Site, including publish or transmit viruses or any other damaging content on this Site;
v) You are not authorized to connect "deep links" to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site without prior written permission from Haberdasher;
vi) You shall not publish or distribute any material or information that is in violation of any third person’s intellectual property rights or any applicable laws;
vii) You shall not conduct any activities that shall directly or indirectly curtail the enjoyment of any other user of this Site;
viii) You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using this Site;
ix) You are not authorized to use the Contents of this Site in any manner that could damage, disable, overburden, or impair this Site (or the network(s) connected to this Site);
x) You shall not aid, abet or attempt, whether directly or indirectly, to gain unauthorized access to this Site, other accounts, computer systems or networks connected to this Site, through hacking, password mining or any other means. You shall not aid, abet, obtain or attempt to obtain any Content through any means not intentionally made available through this Site.
3. Modifications to Content or Site
3.1 Haberdasher reserves the right at its sole discretion to change, modify or add to these terms or the Content therein, with or without prior notice to you on the Site, from time to time. You are required to occasionally revisit the terms and update yourself accordingly. By continuing to use the Site you agree to be bound by all such added or amended terms.
3.2 Haberdasher also reserves the right to discontinue or stop providing any Services on the Site or may also block the access to the Site by any user at any point of time without any notice or without providing any reason whatsoever.
3.3 Haberdasher also has the sole right to suspend the operation of the Site, wholly or in parts, at any time, without notice.
4. Information/Content You Submit
4.1 The Site may provide you an opportunity to participate in contests, promotional activities, forums, blogs, groups, message boards, social networking, social communities or any other communication functionality (collectively, "User Forums") and may provide you an option, through such features or otherwise, to submit, share, post, display, transmit, perform, publish, distribute or broadcast content and materials on this Site, including but not limited to, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content” or “Your Content”).
4.3 You retain all copyright and any other rights you already hold in Your Content which you may submit, post, share or display on or through this Site. By submitting, posting or displaying the Content, you give Haberdasher a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any of Your Content which you may submit, post or display on or through the Site. This license is for the sole purpose of enabling Haberdasher to display, distribute and promote the Site and its' goods/services.
4.4 You agree that this license includes a right for Haberdasher to make Your Content available to other companies, organizations or individuals with whom Haberdasher has relationships for the provision of syndicated services, and to use Your Content in connection with the provision of those services.
4.5 You understand that in order to provide and promote the Services to its' users, Haberdasher may (a) transmit or distribute Your Content over various public networks or media; and (b) make such changes to Your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Haberdasher to take these actions.
5. Account Registration and Access to Services of Haberdasher
5.1 The Site or certain areas of the Site may require registration or may otherwise ask you for your personal information to participate in certain features. The decision to provide this information is purely optional; however, if you elect not to provide any such information, you may not be able to access certain contents or user content or participate in certain features of the Site.
5.2 If you register on the Site through other links available on this Site and create a personal profile, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your profile details, including password, photographs, etc. by restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Haberdasher reserves the right to terminate your access to the Site through your account or otherwise deny you access in its sole discretion without notice and without liability.
6. Product Description:
6.1 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Site and our partner sites are correct at the time when the relevant information was provided or entered onto the system. Though we strive to keep the information as up to date as possible, we do not warranty that the information pertaining to the Products are accurate, complete, reliable, current, or error-free.
6.2 We shall take all reasonable care to ensure that the description and specifications of the Products are correct and updated. However, while the color reproduction or the images are a close representation, a slight variation in the actual Products may occur, due to different screen resolutions, monitor displays etc. being used. Also, in case of assortment/checks/prints the product delivered may vary in color, designs etc. as per the design availability.
6.3 Haberdasher shall not assume responsibility for any product description, images, price details etc. posted by any distributor or third party sellers (authorized or unauthorized) on any online platforms including Haberdashers partner sites.
6.4 Haberdasher shall not assume responsibility for any product information wrongly described, understood or communicated to you while purchasing the products on retail outlets, showrooms, shops etc. other than Haberdasher’s own outlets.
7. Pricing and Payments
7.1 The price of the Products will be as quoted on the Site, except in cases of obvious error. Wherever the prices quoted on the site exclude import duties, taxes and the delivery costs involved, the same would be added to the total payable amount at the time of check out. The break up of the taxes, shipping costs etc., (if any) shall be provided in the final invoice of the products.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
7.3 The price of products in respect of orders outside India, are calculated according to the prevailing exchange rates between INR and the currency of the country where the Product has been ordered/ to be delivered to. We reserve the right to update such exchange rates regularly at our sole discretion, and you acknowledge that such updates may affect product pricing on the Website. You will be charged according to the applicable exchange rate at the time you place your order via the Site. Also, any amounts attributed to bank charges, commission of currency conversion etc. shall be chargeable in addition to the product price and Haberdasher shall not have any control on these additional charges levied by third-parties.
7.4 The Product prices, offers, discounts, special coupons etc. provided by our Partner websites or partner outlets, shall be that of such Partner entities and Haberdasher is not under any obligation to provide the same discounts or prices on our Sites.
8. Online Order and Acceptance
8.1 While you place an order with us by ordering via our online checkout process, we will send you an order acknowledgement by email, detailing the products you have ordered. However, the said acknowledgement is only an intimation on receipt of the order and Haberdasher is not obliged to fulfill the order in full. In the event of any unavoidable circumstances, including any of the circumstances mentioned below, Haberdasher shall refuse to accept an order:
8.1.1 Where we have not received your complete order, due to any technical faults or otherwise;
8.1.2 Where goods are not available.
8.1.3 Where we cannot obtain authorization for your payment
8.1.4 Where you do not meet any eligibility, criteria set out in our terms and conditions
8.1.5 If the order is to be delivered at a remote location where our logistics partners are unable to deliver.
8.2 We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send the shipping information for the order (or a confirmation of our shipping).
8.3 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or the phone number provided at the time the order was made. Notwithstanding, the foregoing, in case of cancellation of your entire order or a part of it for which payment has already been made, Haberdasher would refund the value of the products charged (i.e. payment received by Haberdasher) and cancelled, as per our Exchanges & Returns Policy
9. Shopping, Shipping & Returns
9.1 You may shop the Dashing Products either from our Site or partner websites/stores. All orders of our Products must be for personal use only. By purchasing our Products, you hereby agree not to resell or distribute such Products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of these Terms.
9.2 The estimated Shipping costs and Duration shall be provided on the Site. Delivery time will vary based on the delivery locations and cannot be guaranteed and only an indicative time period would be provided on our Site. Shipping delays due to logistics partners cannot be controlled by Haberdasher.
9.3 Haberdasher shall ship the products only on receipt of payments for all orders except COD. In case of any amount deducted from your account that has not been credited to Haberdasher, the same shall be refunded to your account by the concerned banks as per their policies. Haberdasher shall not be liable for any payment issues at your end. In case of COD orders, we will give you a confirmation call and only on receipt of your confirmation we would initiate the shipping process.
9.4 Haberdasher takes all reasonable efforts to hand over the Products in good condition and to reputed courier companies.
9.6 Purchase of our products from the shops, stores, websites etc. (other than that of Haberdasher’s), shall be governed by the respective websites, stores or shops. In the event of any discrepancies with respect to the payments, pricing, delivery etc. of the Dashing Products ordered through Partners/Third Party sites/stores, the same has to be resolved with the concerned Partner/Third-Party, and Haberdasher shall not be answerable/responsible.
10. Store Credits
Store credit may be issued to purchasing customers for returns, exchanges, referrals, contest winners and likewise. Store Credit can only be used online at the Site. Store Credit can only be used on orders associated with your original account. This means Store Credit cannot be transferred to another person or account. Please treat Store Credit like cash. Store Credit may not be purchased. Store Credit is provided to your account when purchased items have been returned, your referral link has been used by a new customer, or on winning contests run by Haberdasher. We may edit, update or remove any type of store credit at any time at our discretion.
11. Discount or Promotional Coupons
11.1 While purchasing online through the Site, certain awards, discounts or benefits shall be provided by Haberdasher. The Coupons shall be provided by Haberdasher or through their partners or affiliates, or through existing customers in the form of referral codes.
11.2 Each coupon is identified by a code and has different rewards or discounts. The claimant can use the desired code, during the ordering phase whilst being bound by the conditions linked to the redemption of that specific coupon.
11.3 To redeem the coupon code, the claimant types the coupon code into the code/coupon box at the time of placing an order and the relevant discount will be automatically deducted from the final price of the qualifying purchase. If the claimant fails to enter the coupon code at the time of purchase as specified, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of a claimant's purchase on the Sites.
11.4 Each coupon is valid for a limited time only and expires on the date specified.
11.5 If a coupon is used during a purchase and such purchase is cancelled at a later stage by the claimant, the coupon will no longer be valid.
11.6 Haberdasher reserves the right to discontinue a coupon at any time.
12. Intellectual Property
12.1 The Content, Services, and any other functionalities on the Site, including but not limited to, writings, texts, script, graphics, logos, icons, signs, symbols, images, styles, videos, photographs, pictures, audio, sounds, promotional activities or themes, and the selection and arrangement thereof, are the exclusive property of Haberdasher and solely owned by Haberdasher or its partners, affiliates, subsidiaries, or licensors, and is protected under the Indian and/or international Intellectual Property laws. Further, in any event, even if something on the Site may not be specifically registered under the Intellectual Property laws, still the same are owned by Haberdasher whether by virtue of prior user or otherwise.
12.2 All graphics, logos, page headers, icons, service names, product names, including the word or logos of “Dashing” or “Haberdasher”, or any promotional names or themes, on the Site are the trademarks or trade dress of Haberdasher. You are not authorized to use, copy, modify, or reproduce any Trademarks/Trade Dress of, or imply any endorsement by or relationship with Haberdasher in any public domain, including, press release or other websites, for any commercial, promotional or advertising purposes or for informing or influencing any third party or use such Trademarks/Trade Dress in any manner not specifically authorized by Haberdasher.
12.3 All copyright in all text, scripts, themes, ideas, contests, images, videos, audios, photos, software and other materials on this Site solely belongs to Haberdasher. Haberdasher prohibits any use of the Content that infringes or violates the copyright and/or any other form of intellectual property rights (including rights of privacy and publicity of any person or entity).
12.4 Haberdasher may introduce new designs and patterns on their Products, which shall be the sole and exclusive rights of Haberdasher and prohibits any use, imitation or duplication of such designs, irrespective of whether Haberdasher has filed an application for design protection or otherwise.
12.5 Any Intellectual Property right which is not expressly granted is unconditionally reserved.
12.6 Haberdasher does not permit any form of Intellectual Property rights infringement on the Site, and Haberdasher reserves its' rights to remove Your Content or any other content or information that you may have submitted, posted or shared, without any notice, if properly notified and/or found that such content infringes another's intellectual property rights.
13. Links to Third Party Websites:
13.1 This Site may contain links to third party Websites (“Linked Website”). The Linked Website may not be controlled or managed by Haberdasher. Haberdasher takes no responsibility for the content or information made available on the Linked Website, including but not limited to, their content, policies, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their websites; or its correctness or the appropriateness or any onward link contained in such Linked Website; or any changes or updates made therein.
14. Promotional Content on Site
14.1 The Site may contain or offer promotions, which may be governed by a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable promotion.
14.2 Certain promotions or offers may be relating to Services outside India and you are solely responsible to comply with all legal requirements before opting for those promotions and offers. Haberdasher is in no way responsible to prompt you about any legal requirements and/or for consequences of non-compliances.
, which forms part of these terms and conditions.
15.2 You agree that Haberdasher has no obligation to pre-screen, monitor or enforce your intellectual property rights in relation to Your User Content but has the right to protect and enforce itself and its' licensees' licensed rights to Your User Content.
15.3 You further acknowledge and agree that Haberdasher will not have any obligation to, but may review, monitor, display, accept or exploit Your Content and may, at its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit Your Content, without a notice or liability.
16. Linking Policy
16.1 Haberdasher grants you the revocable permission to link to the Site; provided, however, that your website, or any third party's website that link to the Site: (a) may only link to a Site's home page or any other designated place as permitted; (b) must not frame or create a browser or border environment around any of the Content on the Site or otherwise mirror any part of the Site; (c) must not imply that Haberdasher or the Site are endorsing or sponsoring it or its products, unless prior written consent has been given by Haberdasher; (d) must not present false information about, or disparage, tarnish, or otherwise, in Haberdasher’s sole opinion, harm Haberdasher or the services or information provided by it; (e) must not use any Haberdasher's intellectual property without the prior written permission from Haberdasher and/or its' proprietors; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Haberdasher's sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms.
17. Disclaimer of Warranties
17.1 Your use of this website/ services is at your sole risk. The services are provided on an "as is" and "as available" basis and Haberdasher assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any content.
17.2 Haberdasher is in no position to exercise control over the security or content of information passing over the internet and hereby excludes all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature. Haberdasher accepts no liability for loss or damage suffered by you as a result of accessing the site or content which might have been infected with viruses or malwares or which might have been maliciously corrupted. You will be solely responsible for any damage to your computer system or any other system used or loss of data that results from the downloading of any content. You are consciously acknowledging and accepting the usual and typical risks of using the internet.
17.3 Haberdasher expressly disclaims all warranties of any kind, whether express or implied. Specifically, Haberdasher makes no warranty that (i) this website or any content therein will meet your requirements, (ii) any user access will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and (iv) any errors in the software will be corrected. Excluding only damages arising out of Haberdasher’s gross negligence or willful misconduct, Haberdasher shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use or inability to use this website/ services.
17.4 Haberdasher make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Site; (b) the Contents on or provided through the Site; (c) the downloadable items; (d) user Content; (e) the functions made accessible on or through the Site; (f) any products, services, instructions, promotions or contests, offered or referenced on the site; or (g) security associated with the transmission of information transmitted to or from Haberdasher or via the site. In addition, Haberdasher hereby disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, non-infringement of third-party rights, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
17.5 Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Haberdasher and any user or other person or entity nor do these terms and conditions extend rights to any third party.
17.6 By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction wherever you access or use the site.
17.7 Your access to and use of the Site is at your risk. If you are dissatisfied with the Site or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the Site or the Contents.
18.1 You agree to indemnify, defend and hold harmless Haberdasher, its subsidiaries and affiliates and their respective officers, employees and agents, and each of Haberdasher’s website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the this website/ services, your submission, posting or transmission of Your Content or your violation of the terms, including infringing Haberdasher’s intellectual property.
19. Limitation of Liability
19.1 In no event shall Haberdasher, its subsidiaries, officers, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this Site, Content or Services therein, or these terms (however arising, including negligence).
19.2 Our liability for losses you suffered as a result of any breach of this agreement, shall be strictly limited to the purchase price of the Product(s) you purchased.
20. Governing Law/Jurisdiction
21. Dispute Resolution
Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to these terms of this Site shall, in the first instance be attempted to be resolved amicably. Any dispute which is not resolved amicably by conciliation within the period of 30 days shall be referred to a sole arbitrator appointed by the mutual consent of both the parties. The seat of Arbitrator shall be Chennai, India. The arbitration proceedings shall be conducted in English only. The Parties agree to bear the fees of Arbitrator in equal proportion.
22. Location of this Site:
22.1 The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Haberdasher to any registration requirement within such jurisdiction. Haberdasher controls and operates the Site from India and makes no representations or warranties that the information, contents, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with India’s laws and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable.
22.2 Haberdasher reserves the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
23.1 No waiver by Haberdasher of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver will be of any force or effect unless made in writing.
23.2 The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will NOT be construed against Haberdasher by virtue of having drafted them.