Terms of service
Terms & Conditions
This website is owned and operated by Dermatist Consumer LLP, a Limited Liability Partnership incorporated under the Limited Liability Partnership (LLP) Act of 2008.
The content, product and services on this website are being provided by the Company subject to the Terms and Conditions (‘Terms”), Privacy Policy along with other policies which you may find throughout the website in connection with certain functionality, features, services, promotions as well as customer service, all of which shall be read in conjunction with the present Terms (together referred to as ‘Policies’). By accessing, browsing or using this Website, you acknowledge that you have read, understood, and agree to be bound by the Terms and Policies. If you do not want to be bound by the Terms or Policies, you must not subscribe to or use our services.
In these Terms, references to "you" or "User" shall mean the end user accessing the Website, its contents and using the services offered through the Website. "We", "us" and "our" shall mean the Company.
It is at our sole discretion, to change, modify, add or remove portions of the Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS. SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our products or any contact on the website through which the products are provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 -REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website & sale of our products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the website & our products will be accurate or reliable.
You agree that from time to time we may remove the product listings or website entirely for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dermatist Consumer LLP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or products or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable [whether in contract, tort (including negligence)] or otherwise, under any circumstances, for any
(a) issues on your skin in the event of a product not suiting you, because skincare is subjective;
(b) interruption of business;
(c) access delays or access interruptions to the Website;
(d) data non-delivery, wrong delivery, corruption, destruction or other modification;
(e) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website;
(f) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites
(g) any inaccuracies or omissions in content; or
(h) events beyond our reasonable control
Though enormous efforts and precautions are taken to render the products absolutely safe for human use, we do not take guarantee that every product you purchase from us will necessarily suit your skin, because skincare is subjective. It is possible that certain products just don't suit certain people and certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients, usage and caution instructions accompanying each of our product to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our products . You agree that the Company will not be responsible or liable for any product related issues, including without limitation any allergic reactions or any other health related issue to you on account of usage of our products. For any purchases made through the online store, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets/ details on the Website.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise.
SECTION 5 - PRODUCT, SERVICES & PRICING INFORMATION
We attempt to be as accurate as possible regarding the description and pricing of the products on our Website. However, we do not warrant that the product description, colour, information or other content available on the Website are completely accurate, complete, reliable, current or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
We reserve 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.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a product or products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.
SECTION 6 - MODES OF PAYMENT
Payments for the products available on the Website may be made in the following ways:
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Payments can be made by Credit Cards, Debit Cards, Net Banking, UPI, Wallets, e-Gift cards, and reward points.
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Credit card, Debit Card, UPI and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
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Cash On Delivery option may not be available for various products and jurisdictions. The Company reserves the sole right to decide the products and jurisdictions for which cash-on-delivery will be made available.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products and/or features through the website (including, the release of new tools and resources). Such new features and/or products shall also be subject to these Terms & Conditions.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 - SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on the Website, as amended from time to time.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dermatist Consumer LLP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditionse, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - OUR RIGHTS & OBLIGATIONS
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We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.
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We may suspend or terminate your use of the Website if we believe, in our sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or any of the Policies, or in any way otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until we choose to terminate them.
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We reserve the right to force forfeiture of any username for any reason as we may deem fit to protect our interests or interests of other users.
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Our failure to take an action on your breach of these Terms on any instance shall not preclude us from taking an action in respect of the same or other subsequent breach at any other point of time.
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The Company shall not be liable for any failure to comply with its obligations caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, Acts of God, epidemics, pandemics or any other circumstances amounting to Force Majeure (including the operation or disruption of the internet/ telephone systems).
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The Company shall also not be responsible for any loss or damage if it has to discontinue the Website or any of its services in compliance with any law, ruling, Order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control.
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For any clarification on these Terms, please contact us at: info@dot3b.com. The Company will not be responsible in case any misunderstanding or misconstruction of the Terms mentioned herein by you.
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None of the provisions of these Terms shall be deemed to constitute a partnership or agency between users and the Company and users shall have no authority to bind the Company in any manner whatsoever;
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The Company accepts no liability for any errors or omissions, whether on behalf of itself or any Third Parties.
SECTION 18 - INTELLECTUAL PROPERTY RIGHTS
All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, photographs, videos, visuals, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of the Company and is protected by laws of India, including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses herein, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
SECTION 19 - DISPUTES
If you have a complaint relating to our Terms and Conditions or our products, we will attempt to resolve the complaint using our internal complaints-handling procedure. If the process is exhausted and the complaint is not settled in this way, then such dispute shall be governed by the laws of India and the courts of Mumbai, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mumbai, Maharashtra, India, subject to foreign legal mandatory provisions.
All disputes arising out of or in connection with these Terms or your use of the Website, shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be appointed by the Company. The language of the arbitration shall be English, and the venue of the arbitration shall be at Mumbai, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
The Company may seek any injunctive, interim or preliminary relief from a Court of competent jurisdiction in Mumbai, India, necessary to protect its (or its agents, suppliers, and subcontractors) trademark, other intellectual property rights or confidential information, pending the completion of arbitration.
SECTION 20 - SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Website and other than generally available third party web browsers.
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at info@dot3b.com