These Terms and Conditions ("Terms") regulate the use of the Dausto website (the "Site") as well as any services or purchases to be made via the Site.
These Terms govern the use of the Site and ordering of any Product when the Customer accesses the Site or places an Order.
These Terms may be updated by Dausto from time to time and your continued use of the Site acknowledges acceptance of the most recent Terms. If you do not agree with any of such condition, do not use the Site.
1. Eligibility and Account
The Site is solely intended for business to business (B2B) use. Only business entities those are registered and their authorized representatives can register, place order. Registration or ordering implies that you act on direction of a company or organisation (the "Client") and have the right of representation for the Client in order to bind the Client to the Terms.
Account Creation: You may need to create an account and supply exact company details, get in touch with information, and establish a valid enterprise e mail where potential to accomplish this. All acts under your account, you will be personally responsible for and shall hold your account credentials confidential. In the case of any unauthorized use of your account, please notify us immediately at [Contact Email].
Exact Information: Every information provided while creating account or placing order must be correct to the best of your knowledge and be updated into the future. The accounts that have been bearing the false outdated or incomplete information shall be suspended or terminated by the Company.
2. Corporate Orders and Purchasing Terms
Orders: Orders can be placed through the Site through the addition of items to your cart and the completion of the checkout process. Every order submission is an offer to buy the merchandise suggested at the specified quantities.
Acceptance of the Company: All orders are subject to acceptance by the Company. Upon review and acceptance of the order, we will issue an order confirmation (by email or via the Site). We confirm that we connected to a binding contract. The Company reserves the right to reject or cancel any order for whatever reason such as but not limited to pricing errors, non stock availability or if the eligibility criteria set is not met. A full refund of that payment will be provided if an order is paid and then canceled.
Pricing and Payment: All product prices are listed out in [INR/your currency] exclusive of applicable taxes (e.g., GST) and shipping charge which shall be added during the checkout process. We must be paid as per the payment terms on display on checkout or otherwise agreed in writing. We accept payment (subject to approval) through credit/debit cards, net banking and corporate purchase order. The Company shall suspend fulfillment or cancel the order if payment is not made or reversed.
(If we will allow purchasing on credit or through corporate purchase order) this will be done on particular terms (credit limit, payment due date, etc. agreed separately in writing). Regardless of all circumstances, you will complete billing payments within a given period. Permitted under law, late payments may also carry penalties or interest.
Order Modification and Cancellation: Our orders can not be changed or cancelled by the buyer, after we have addvised a customer an order (particularly for customized merchandise), the seller may no further allow a client to change or cancel the order without any extra payment. Before submitting, please review your order carefully. If you require modification or cancellation, please contact us as soon as possible, at the [Customer Service Email/Number], who will advise you if this is possible (provided there is any applicable charge).
3. Customization and Intellectual Property
Our service: Custom Merchandise: We have functionality to customize our products (for example, add your company logo or tagline to the said products). We require the necessary artwork or information in the format we require. If you have a large or complex order, we may also provide a digital proof/mockup for your approval before production. We do not start the production until we get a written proof approval and it is your responsibility to review and approve any proofs.
CUSTOMER’S WARRANTY ON PROVIDED CONTENT: Upon submitting logos, designs, including any content (”CUSTOMER CONTENT”) for customization, you are hereby representing and warranting that you have all necessary rights to such content or you have received all necessary permissions from rights holder. You further grant the Company the right to use, reproduce, and modify Customer Content solely for the purpose of creating the ordered merchandise. Your provided logos, designs, etc. will not be used by us in any way other then to fulfill your orders and in any related archival/back up purposes.
Dausto or its content suppliers own all content on the Site (including text, images, graphics, logos, product descriptions and software) which is intellectual property. You have no rights or licenses in and to the Site, except to the limited extent as necessary to access and use the Site to place orders and interact with our services. You are not allowed to reproduce, distribute, or create derivative works from the Site content without the express written permission from the Company.
“Dausto” and any other product or Steve specific labels, taglines and brand elements are trademarks or service marks of Company. Any use of our trademarks (or any similar term) is prohibited (including in connection with publicity or advertising) unless in a manner which is proper and in compliance with the law, and further in that it is necessary to refer to our company and to its services.
4. User Obligations and Acceptable Use
However, if you are seeking to make use of our Site and services, the following obligations apply to you.
Lawful Use: You agree to utilize the Site only for legitimate business purposes, and to do so in conformity with any proper laws and regulations. You may not use the Site for any fraudulent, abusive, or illegal purpose.
You will not attempt to intervene with the correct operating of the Site. You cannot: introduce viruses or any other malicious code to the Site or any of its related systems; attempt to obtain unauthorized access to the Site or its related systems or of any users; or undertake any activity that will prevent others from utilizing the Site.
Prohibited Usage: You shall not upload, transmit, or otherwise make available any content that is unlawful, harmful, defamatory or abusive, obscene or pornographic, infringing, or otherwise objectionable. An example of this includes not using the Site to store or share content containing infringing intellectual property rights or infringing the privacy rights of others.
Cooperation and Information: The Company may cooperate with any reasonable requests to provide information or proof of authority within the meaning of these Terms should this be required to check that the rules set out here are respected.
If you choose to breach any of these obligations, you agree to indemnify the Company as described in the Indemnification clause below, and that such breach might, as a consequence, result in suspension or termination of your account or access to the Site.
5. Shipping and Delivery
Some Delivery Timeframes: We have arranged for the ordered merchandise to be delivered to the shipping address specified during checkout. The dispatch time: in average X business days for in-stock items, Y business days for customized items, from the time of order confirmation and design approval (if so). The international forum also gives other forum owners ideas for other campaigns to start in their forums. If offered, international shipping will take longer (usually [Z2] days or more in transit) and maybe subject to customs clearance.
Shipping Methods & Charges: The proper methods of shipping will be through reputable courier or freight partners, (e.g., [Courier Service]). At checkout or during the order quote, we will calculate and show the shipping costs. The Customer will be responsible for any import duties, taxes and Customs fees that may be added by the country that delivers the order.
Title and risk of loss for products passes to the Customer in the case of: Delivery of the products to the Customer’s address (or in the case where the Customer arranges the pickup, handover of the products to the carrier). We take great care making sure products are packaged properly, but once delivered (or when handed to a designated courier) risk is on you. Please look over shipments as soon as they are received.
However, we try as much as possible to adhere to the delivery timelines declared, but there might be delays in deliveries occasioned by events beyond our control eg. Customs delays, carrier problems, force majeure events such as floods, strikes, lockdowns etc. Any delays in such shipment is not the responsility of the Company. We will however seek to coordinate and communicate with you to help reduce any impact and keep you informed.
Acceptance of Delivery: Your authorized representative at the delivery address may need to sign for receipt. You must see to it that someone is available to take delivery of the goods. However, if the shipment is unable delivered to us and is returned, you may be responsible for any re-shipping costs.
6. Returns, Exchanges, and Refunds
Products made specifically for you: In this case, returns and exchanges are not usually accepted, unless the products are defective, damaged during shipping or not manufactured to your agreed specifications. Any such issues will be handled in accordance with you and can include reprinting or replacing of the affected items, and if necessary, at our discretion, a refund.
Standard Products: If you are not satisfied with the standard, catalog products, we make a case to case return or exchange. In the scenario that [X] days after delivery, the customer is not satisfied and wants a return, it must be requested in the original condition and they must be unused. Refunds or account credits (less shipping charges, unless the return is due to our error) will be given for approved returns.
Return Process: If you need to return or have any problem with your order, please contact our customer support [Contact Email/Phone] within the period allowed. If your order has a problem, please provide your order number, details of the issue and provide photos showing any damage or errors. If return shipping applies we will guide how to return the item. We do not accept unauthorized returns (without prior approval or beyond the permitted period).
Our outlook is to make you satisfied with your purchase. We will make reasonable efforts to correct any issue regarding quality or accuracy of your order. Minor changes (colors, dimensions etc. within industry standards) will not be defects.
7. Limitation of Liability
To the fullest extent permitted by law, and excepting only indemnification and exclusionary provisions under this or under the purchase contracts the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or business opportunities, arising out of or related to your use of the Site, or the purchase or use of any products purchased on or through the Site, even if an authorized representative has been advised of the possibility of such damages.
All of these Terms, as well as any claim relating to products sold, shall not be binding upon the Company and the Company shall not be liable to you for any claims to the extent of the aggregate liability of the Company (and its directors, officers, employees and agents) being more than the total amount actually paid by you to the Company for the specific order or transaction on which the claim is based.
You understand that the pricing or terms for our products reflect this allocation of risk and the above limitations on liability. In some jurisdictions, restrictions on the exclusion or limitation of liability for incidental or consequential damages may not apply to you; consequently, our liability is limited to the fullest extent permitted by such applicable law.
8. Disclaimer of Warranties
All products and services offered by Dausto are provided on the “As Is” and “As Available” basis (unless explicitly stated in writing). To the extent permitted by applicable law, we disclaim all of express or implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and non infringement.
Product Descriptions: We attempt to be as accurate as possible, and as such, to describe and depict merchandise on our Site. We do not however guarantee error free, complete or current descriptions, images or any other content. As a result, colors and information of the actual product featured on your monitor can vary slightly. Accordingly, in case of a materially inaccurate description the Customer’s sole remedy is to return the product in unused condition for a refund or replacement, as per our Returns policy.
We do not warrant that the Site, its servers, or e-mails or other communications sent from or on behalf of us will be uninterrupted, secure or error free, or that such errors will be corrected. We aim to provide a reliable platform, but technical problems happen.
9. Indemnification
If you fail to provide Dausto with information required to complete your order, including accurate credit information, your failure to do so will result in the cancellation of your purchase.
Your breach of these Terms or violation of any law or regulation in connection with your use of the Site or purchase of products;
Any Customer Content, that, in our sole discretion, infringes or allegedly infringes the intellectual property of a third party or the privacy rights of customers or members of a third party.
Anything you or your agents do, later or at this time, to commit fraud, misrepresentation or acts of misconduct while using the Site;
In no event will we be liable to you for any claim related to any resale or unlawful use of products purchased on the Site, except to the extent caused by our negligence.
If you are subject to a third party claim, we also have the right to assume the exclusive defense and control of such matter, at our own expense, and you will cooperate with us in asserting any available defenses. The survival of your account, or these Terms, will not affect this indemnity obligation.
10. Governing Law and Jurisdiction
These Terms and any disputes arising in connection with them shall be governed by and construed in accordance with the laws of India; and the proper venue for any such action shall be the courts located in Bangalore, without application of its conflict of law principles. These Terms are subject to the provisions of the Indian Contract Act, 1872 and the (Indian) Information Technology Act, 2000 (as applicable to electronic contracts).
The Governing Law of this agreement: In case of any dispute or claim arising between the Parties concerning this site or any orders the exclusive right of jurisdiction shall be on the courts located in [Your City/State], India. By using this site, or any part of the site or content, you expressly consent to the personal jurisdiction of these courts. However, notwithstanding the foregoing, the Company reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent any actual or threatened infringement of the Company’s intellectual property or other property rights.
11. Changes to Terms and Severability
The Terms and Conditions may be modified or updated by the Company from time to time. The latest version will be posted on the Site, with a new 'Last Updated date. You must review the Terms from time to time. By continued use of the Site after posting of Changes, you agree to be bound to the revised Terms.
These Terms will be construed, to the extent possible, to make all provisions valid and enforceable, however, if any term becomes invalid or unenforceable, that term will be considered severed from these Terms and will not affect the validity, enforceability, or interpretation of any other terms. The failure to exercise any right or provision under these Terms shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by us in writing.
12. Contact Information
Please feel free to contact us at support@dausto.com or 7th floor 705, Emaar Colonnade, Golf Course Ext Rd, Badshahpur, Sector 66, Gurugram, Haryana 122018 if you have any questions or concerns about these Terms and Conditions. [Any legal notices or service of process must be directed to: Dausto and 7th floor 705, Emaar Colonnade, Golf Course Ext Rd, Badshahpur, Sector 66, Gurugram, Haryana 122018.