Terms and Conditions for the Sale of Goods
I, Kamal Dawani, trading as Dream Gifts (a unit by K.P.Creatives), having its principal place of business at 9, Shri Hari Apartment, Behind Express Hotel, Alkapuri, Vadodara (“we” “us” “our”) undertake to provide goods on the following conditions:-
1) Products, Content and Specifications
We make all reasonable efforts to display our products accurately. However, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time.
2) Buying from us
2.1 You must be at least 18 years old to place an order with us.
2.2 When you place an order with us, you are making an offer to buy goods and entering into a contract with us. You will receive an email from us to confirm and accept your order. You will also receive an email from our payment gateway, with receipt of your payment.
2.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this as soon as possible. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
2.4 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.
3) Ordering
3.1 You can use our website to place an order by selecting the product(s) you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. If you prefer to order by telephone you can do so by calling on the mobile numbers provided on our Contact Us page.
3.2 Carriage/Delivery/Shipping charges will be shown prior to you placing your order.
3.3 You will be required to pay for the goods in full at the time of ordering.
3.4 We use secure payment facilities for online purchases. Payment modes will be displayed at the time of checkout.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in INR (Indian rupee).
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays, see clause 9 for additional information.
3.8 Please supply us with your mobile number when completing your order so you can receive delivery updates. You are expected to provide us with your complete postal address in order to ensure timely & safe delivery of your goods ordered.
3.9 Once your order is complete we will notify you of the dispatch details.
4) Delivery & Carriage Charges
4.1 Our delivery charges may vary as per the product purchased, total value of your order, time of purchase. Delivery charges will be applicable as shown on the product page from time to time.
4.2 Your order may arrive in more than one delivery.
4.3 We will deliver the goods to the address you specify on your order. You must be present to accept delivery of your order. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.4 Disposal of packing materials is your responsibility.
4.5 After two failed delivery attempts (or if you are not present for an agreed delivery) the goods may be returned to us and we reserve the right to charge you an additional re-delivery charge.
4.6 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.7 Please check the goods on delivery – any goods found to be missing or damaged should be notified to delivery courier company/representative at the time of delivery or to us in terms of clause 8.
4.8 If the goods are lost or damaged in transit, please let us know by 2pm the day following delivery, or the next working day if delivery falls on a weekend, in order for us to claim from our delivery partner. If it is not evident that that the product has been damaged from the outer packaging, you must take photographs of the damaged items and email them to support@dreamgifts.in within the aforementioned timeframe. You must repackage the damaged product(s) and return to us in the same condition you received it. We will then inspect the product in order to reach a claim amount. Please take the damaged product(s) to our delivery partner and put a copy of your receipt in with the parcel for returning to us. You must keep proof of your postage. On successful inspection by us, we will refund you the amount and will arrange delivery of your replacement products as soon as possible.
4.9 Deliveries are made on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order.
4.10 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.11 If your product(s) do not arrive within the timeframes stated, please contact us as soon as possible, so that we can check the status of your order.
4.12 If you have received the wrong product(s), please contact us as soon as possible so that we can arrange for the correct product(s) to be sent out immediately. If you could please return the incorrect product(s); the return postage will be refunded to you.
4.13 Time is not the essence of the contract.
5) Accuracy of Information.
We attempt to ensure that information on this web site is complete, accurate and current. Despite our efforts, the information on this web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this web site. We shall have the right to adjust our prices for any increase in the price of materials, parts, labour, transport, changes in work or delivery schedules, or quantities or any other costs of any kind arising for any reason after the date of the purchaser’s order. We reserve the right, without prior notice, to limit the order quantity on any goods and/or to refuse service to any purchaser.
6) Scope of Contract.
Under no circumstances shall we have any liability of whatever kind for:
a) any defects resulting from wear and tear, accident, improper use by you or use by you except in accordance with the instructions or advice of the manufacturer of any goods, or neglect; b) any goods which have been adjusted, modified or repaired; c) the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to us; d) any variations in the quantities or dimensions of any goods, or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
7) Extent of Liability
7.1 We shall have no liability to you for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on our part in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except for death or personal injury resulting from our negligence, or as expressly stated in these conditions.
7.2 A test (or patch test) must be conducted when using our 3d casting products for the first time. You must take responsibility for the protection of your body, clothing, work area(s) and surfaces to avoid damage from using any of our products. The safety precautions listed in our Kit Guidebooks and FAQs must be followed at all times. Our products must only be used by adults aged 18 years or older and you warrant that will not allow those under the age of 18 years to use our kits.
7.3 The products sold on this website have been designed to comply with all relevant Indian legislation, we cannot warrant or represent that they comply with any legal requirement outside India.
7.4 We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
8) Indemnity
8.1 If there is a problem with the goods, you must notify us by email or in writing providing details of the problem. We will deal with the matter in accordance with your legal rights. If you establish that any goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description, we shall, at our option, replace with similar goods any goods which are missing, lost or damaged or do not comply with their description, or allow you credit for their invoice value, or repair any damaged goods. Replacements for such lost or damaged goods will, if available, be supplied by us at the prices ruling at the date of dispatch.
8.2 If you establish that any goods are defective, we shall, at our option, replace them with similar goods or repair any goods, allow you credit for their invoice value or assign to you (so far as we are able to do so) any warranties given by the manufacturer of the goods.
8.3 Where we are liable in accordance with this condition in respect of only some or part of the goods the contract shall remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by you against or in respect of such other or other parts of the order.
8.4 No claim against us shall be entertained for any defect arising from any design or specification provided or made by you if any adjustments, alterations or other work has been done to the goods.
8.5 In no circumstances shall our liability under this condition exceed the invoice value of the goods.
9) Cancellation and returns
9.1 Should you decide to cancel your order, you must let us know before your order has been processed or dispatched. We will then refund you the purchase price in full. Delivery costs may still be valid if collection has been arranged and we are not notified in time to cancel without charges.
9.2 If you wish to return your product(s) for a full refund, please email support@dreamgifts.in to notify us in line with clause 9.4. To receive a full refund for a non-personalized product, it must be unopened, unused, not damaged and in a condition fit for resale. Product(s) must be returned to us within 3 days of delivery. Postage and delivery costs will not be refunded in this circumstance.
9.3 If you are returning a product that was purchased at a discounted price at the time of ordering and are eligible for a refund under clauses 9.1 or 9.2, you will be refunded the price stated on the sales invoice. Please refer to clauses 9.1 and 9.2 for eligibility of postage and delivery refunds.
9.4 To claim for a refund, please contact support@dreamgifts.in, including the following information in your email:
- a) Your full name and address as given at the time of your order;
- b) Your sales invoice number & order number (if different);
- c) Date of purchase;
- d) The product or products purchased;
- e) Reason for return;
- f) Payment method; and
- g) If required under clause 4.9, photographs of any damaged or faulty goods.
10) Submission of Digital Content
10.1 Certification of Rights
You certify that you are the rights holder for all image, video and text submissions (hereafter referred to a “Digital Content”) uploaded to, and published on our website, or that you have the express permission of the rights holder to submit the Digital Content for publishing to our website.
10.2 Digital Content Publishing Acknowledgement
You understand and agree that the Digital Content you are submitting may be published to our website and other web properties including, but not limited to, Dreamgifts.in, YouTube, Facebook, Twitter, Instagram and any other social media platform.
10.3 Exclusivity
You certify to us that as the rights holder, you are capable of granting an exclusive license to us over your Digital Content submitted to our website, and thereby grant an exclusive license to us to use at our discretion.
10.4 Termination Clause
You understand that the submission of your Digital Content to us is at will and you agree that this license may only be terminated in writing by mutual agreement between both parties.
11) Revisions to these Terms and Conditions.
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this web site.
12) Data Protection
Your attention is hereby drawn to the Information Technology Act, 2000 & Information Technology Rules, 2011 adopted by India’s IT Ministry (all referred to together as the “Data Protection Requirements”). We duly observe all our obligations under the Data Protection Requirements which arise in connection with the contract. However we (a) use cookies to provide our services and therefore certain aspects of your information will require to be disclosed to third parties; and (b) as part of our contracts with third party software/plugin providers we are required to disclose certain information to them so that they are aware of who is using their software. It is a material condition of this contract to follow hereon that you consent to the disclosure of the required information and the use of cookies in the terms set out above.
13) Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between the purchaser and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the law of India. Venue for all disputes arising out of or relating to this Agreement shall be in the courts situated in Vadodara, Gujarat, India only.
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