Terms of service
TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service carefully. They set forth the legal rights and obligations of the parties, and by using the Service (as defined below), you agree to be bound by these Terms and Conditions of Service.
This Website is owned, controlled, and operated by Kyle Design Ventures (hereinafter "Deargraf"), a Sole Proprietorship registered under the laws of India.
Deargraf offers this Website, which provides for the sale and shipping of high-quality Product(s) as well as artwork. It is meant only for the sale of such Product(s), artwork, and allied articles, and not for any other purpose.
By agreeing to these Terms and Conditions, you also agree to the Privacy Policy available here.
DEFINITIONS
"Affiliates" shall mean all sister companies of Kyle Design Ventures, as well as business partners, subsidiaries, and clients of Deargraf.
"Applicable Laws" shall mean all applicable statutes, laws, rules, regulations, orders, circulars, notifications, and directions issued by any statutory authority within India.
"Buyer" shall mean the Verified User who intends to, or has, completed a Transaction with Deargraf.
"Grievance Officer" shall mean the officer appointed by Deargraf to handle matters with regard to Information and its use.
"Information" shall mean any data provided by the User, including sensitive and personal data as defined in the Privacy Policy.
"Made To Order Products" shall mean those Products on the Website which are modified and personalized to the Buyer's specifications, including framed artwork.
"Product(s)" shall mean the Product(s) for sale on the Website, such as clothing, shoes, bags, wallets, sunglasses, and other such accessories for men and women, as well as books, stationery, homewares, decor, and artwork (as permitted by the respective licensing authorities and jurisdiction).
"Verified User" shall mean a User who has registered on the Website, providing the necessary information.
"Service Providers" shall mean any third-party service provider engaged by Deargraf for the purpose of providing services.
"Transaction" shall mean online offers and acceptances of sale made and/or entered into by the User.
"User" shall mean members and registrants of the Website.
"Viruses" shall refer to any malware, spyware, cancelbots, trojans, time bombs, or any such code which may place itself, without permission or knowledge of Deargraf, within the Website.
"Website" shall refer to the Deargraf website located at www.deargraf.com.
1. SCOPE OF TERMS & CONDITIONS
1.1 Unless otherwise indicated, these Terms and Conditions apply to (i) your use of and/or access to the Deargraf Website and (ii) your use of and/or access to any content, information, online or mobile-enabled technology, digital tools, and other services and Product(s) provided by the Website, including all orders placed by you in relation to the Product(s) and services offered on the Website (collectively, the "Services").
1.2 We are committed to protecting your privacy and security. Please read our Privacy Policy, which forms part of these Terms & Conditions. By agreeing to these Terms and Conditions, you consent to all personal information provided through the Website being governed by our Privacy Policy.
1.3 Do not use the Website unless you intend to be bound by these Terms and Conditions. If you fail to comply with these Terms and Conditions, we may, at any time, restrict you from accessing the Website.
1.4 It shall be considered a breach of these Terms & Conditions to:
(a) enter incorrect data while using the Website;
(b) disclose anyone else's data without their consent;
(c) take screenshots of output from the Website and share it elsewhere without the consent of Deargraf;
(d) copy or plagiarize artwork or any other intellectual property available on the Website, for commercial, personal, or any other use; or
(e) violate any other Terms & Conditions enumerated below.
2. AGREEMENT AND ACKNOWLEDGEMENT
2.1 User Agreement. By using the Website, you accept these Terms and Conditions and agree to be legally bound by and to abide by the terms, conditions, and notices contained or referenced herein, as if you had signed them.
2.2 Changes to Terms and Conditions. From time to time, we may, in our sole discretion, change, modify, supplement, or remove portions of these Terms & Conditions ("Additional Terms"). Such Additional Terms shall become effective upon our sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by continuing to access the Website or otherwise use any of the Services following the date on which such Additional Terms become effective.
3. ELIGIBILITY
3.1 We do not permit individuals under 18 years of age to become registered Users of the Website. By using the Website, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and Conditions and to abide by them.
3.2 If you are registering as a business entity, you represent that you are duly authorized by that entity to accept these Terms and Conditions and have the authority to bind that entity to them.
4. USER ACCOUNT AND SECURITY
4.1 In connection with your use of certain features of the Website, you will be required to complete a registration form. You represent and warrant that all information you provide on the registration form, or otherwise in connection with your use of the Website, will be current, complete, and accurate. As a Verified User, you are entirely responsible for maintaining the confidentiality of your account information. You may not use the account or username of any other member at any time. You must notify Deargraf immediately of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's account information.
4.2 You are entirely responsible for all activities that occur under your account. Deargraf will not be liable for any loss you incur as a result of someone else using your account, with or without your knowledge.
4.3 You agree not to create an account on behalf of someone else or to create a false or misleading identity on this Website.
5. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM DEARGRAF AND ITS AFFILIATES/SERVICE PROVIDERS
5.1 Legal Communications. We may send the following to you by email or post them on the Website: these Terms and Conditions, including legal disclosures; Amended Terms; the Privacy Policy; and other notices, legal communications, or disclosures related to the Website. Such communications are part of the Website and cannot be opted out of.
5.2 Service Announcements. In using the Website, you may receive periodic electronic communications from Deargraf regarding the Website, such as new Product(s) offers and other Website-related information. These are part of the Website and cannot be opted out of.
5.3 Promotional Communications. You may also receive periodic promotions, offers, or other materials Deargraf believes may interest you. You may opt out of these at any time by (a) following the unsubscribe instructions in each message, or (b) changing your messaging preferences in your account.
6. SALE OF GOODS AND SERVICES
6.1 Placing an Order
6.1.1 Only Verified Users are eligible to purchase Product(s) and complete Transactions.
6.1.2 All Product(s) displayed on the Website are sold at the quoted price in Indian Rupees (INR). The quoted price includes the cost of the Product(s) and Services.
6.1.3 By placing an order on the Website, the Verified User makes an irrevocable acceptance of the purchase. Unless cancelled by Deargraf due to a prior or continuing breach by the Verified User, such acceptance results in an enforceable contract of sale.
6.1.4 If the Buyer wishes to physically inspect or view Product(s) before or after purchase, the Buyer may request this from Deargraf by email. Based on the value of the order, the Buyer's proximity, and other factors, Deargraf shall either accept or deny such requests, at its sole discretion and without obligation to accept. Any expenses incurred by the Buyer in pursuit of such a request shall not be refunded by Deargraf.
6.2 Payment
6.2.1 Deargraf engages secure payment gateways as its Service Providers. Deargraf shall not be held liable for any delay or non-payment of monies by a third-party Service Provider to the Buyer, under any circumstances.
6.2.2 The information provided at registration, or amended at the time of placing the final order, shall constitute the final billing and shipping address for delivery of the Product(s).
6.2.3 All invoices will be raised by Deargraf based on the registration information provided by the Buyer at the time of purchase.
6.2.4 All sales shall be against full and complete payment of the Product(s) value.
6.2.5 Your billing details must conform to your credit card/debit card statements so that your bank can verify and authorize the payment.
6.2.6 You are responsible for paying all fees, costs, and charges associated with using the Website to purchase Product(s), and you agree to bear any applicable taxes, GST, cesses, etc. levied thereon.
6.2.7 Deargraf reserves the right to issue a warning, or to temporarily or indefinitely suspend or terminate your usage/registration on the Website and refuse access, in case of non-payment of fees. Deargraf shall have the right to initiate any legal proceedings it deems fit to recover the same.
6.2.8 In addition to the above payment options, Deargraf shall also provide the Buyer the option to pay by cash on delivery ("Cash on Delivery"), facilitated through a third-party Service Provider authorized to collect money on behalf of Deargraf.
6.2.9 Deargraf shall also provide the option of payment via e-wallet/net banking platforms, through third-party Service Providers.
6.2.10 While availing any payment method on the Website, Deargraf shall not be responsible for, and shall not assume liability for, any loss or damage arising directly or indirectly to the User due to:
(a) lack of authorization for any transaction;
(b) exceeding a preset limit mutually agreed between the User and the User's bank;
(c) any payment issues arising from the Transaction; or
(d) decline of a Transaction for any other reason.
6.2.11 Deargraf shall not be held liable for any delays or losses caused by such third-party Service Providers. Buyers shall not hold Deargraf liable for any loss, injury, or damage caused by their use of third-party Service Providers. Deargraf merely provides the option of completing Transactions through such Service Providers; any issue arising from use of those platforms shall be taken up by the Buyer directly with the Service Provider. In providing these payment facilities, Deargraf acts neither as a trustee nor in a fiduciary capacity with respect to the Transaction or the price paid by the Buyer.
6.2.12 The Buyer shall complete all necessary Know Your Customer (KYC) compliances as required under Applicable Law before completing any Transaction, and shall provide adequate identification documents as requested by Deargraf.
6.2.13 Use of the above third-party Service Providers shall not, under any circumstances, render Deargraf liable or responsible for non-delivery, non-receipt, non-payment, damage, or breach of representations and warranties regarding the Product(s) and Services.
6.2.14 Deargraf shall, from time to time, issue coupons and discount certificates ("Coupons") to Users. Coupons shall be used as per the rules specified by Deargraf. Users shall not use Coupons in any illegal manner so as to defraud Deargraf.
6.2.15 Buyer's Arrangement with Issuing Bank. All valid credit/debit/cash card and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure facilitated by a third-party Service Provider, and will also be governed by the terms and conditions agreed between the User/Buyer and the respective issuing bank or payment instrument issuer.
6.2.16 The displayed price and currency on the checkout page shall be the same price and currency printed on the Transaction receipt, and the amount charged to the card will be shown in Indian Rupees. Cardholders must retain a copy of the transaction record and the policies and rules available at www.deargraf.com.
6.3 Packaging
6.3.1 Deargraf shall take reasonable care to ensure that all Product(s), including artwork, are securely packed and shipped in protective containers.
6.3.2 Unframed and unmounted artwork shall be shipped in protective cylinders.
6.4 Delivery of Product(s)
6.4.1 Deargraf engages trusted Service Providers for the handling and shipping of Product(s). Delivery shall take a minimum of [3] to [21] working days for all orders. Delivery time may vary depending on the size, specification, and location of the order. The Buyer shall be notified if the Product(s) will be delivered after the estimated delivery date; in such an event, the Buyer shall not hold Deargraf liable in any form for the delay. The Buyer shall be provided with tracking information for the delivery, as made available by the Service Provider.
6.4.2 Deargraf shall not be held responsible for any delay or failure to comply with obligations under these Terms if the delay or failure arises from a cause beyond its reasonable control.
6.4.3 Deargraf offers delivery to any address as stated in its shipping policies. In the event that an address is unserviceable, a member of the Deargraf team will get in touch as soon as possible and offer a full refund.
6.4.4 Deargraf is not liable for the condition of Product(s) at any point during transit or delivery. Should there be any damage to the Product(s) in transit, the Buyer should not accept the parcel and should notify Deargraf immediately. Product(s) received in unsatisfactory condition may be returned to Deargraf, at the specified address, within [3] working days, in "as is" condition, in the original packaging, along with a copy of the invoice or order acknowledgment. The Buyer shall bear the cost of returning the Product(s), and the original delivery charge shall not be refunded where the Product(s) is returned.
6.4.5 The cost of delivery shall be borne by Deargraf. However, any charges incurred by Deargraf in delivering the Product(s), other than standard shipping, shall be reimbursed by the Buyer.
6.4.6 If the Buyer is unavailable at the time of delivery, the Product(s) will be returned to Deargraf. The Buyer shall make the necessary arrangements to have the Product(s) collected from a location of Deargraf's choosing, within 30 days, after which the Product(s) shall stand forfeited to Deargraf.
6.5 Cancellations and Refunds
6.5.1 If the Buyer receives a damaged Product, the Buyer must email Deargraf at its specified address within 24 hours, providing proof of damage such as photographs. Upon Deargraf being satisfied that the damage is due to its fault, the Buyer must deliver the Product(s) to Deargraf. Only where the damage is genuine shall Deargraf refund the monies paid or replace the Product(s). Deargraf shall bear the cost of returning the Product(s) and shipping the replacement.
6.5.2 If the returned Product(s) is accepted by Deargraf, Deargraf will post a credit to the Buyer's account within 5–10 business days of receiving the Product(s). Each return is credited in the same manner as the original payment (e.g., a credit card payment is refunded to that card).
6.5.3 Besides damaged Product(s), no other Product(s) will be accepted for return by Deargraf.
6.5.4 As some Products sold on Deargraf are handmade, no complaints regarding Products not matching digital renderings on the Website will be entertained. Deargraf shall take utmost care to ensure Products match their digital renderings on the Website. No personalized or Made To Order Product(s) will be accepted for return.
6.5.5 Reimbursements shall be made to the same bank account from which the transaction was made. Deargraf shall not be held liable for any delay in the transfer of monies to the Buyer.
6.6 Return
6.6.1 The Buyer may return Product(s) within 7 days of delivery, provided the Product(s) is in "new" condition and in its original packaging. Upon acceptance by Deargraf, the Buyer may exchange the Product for another Product of equal value. Returns will not be accepted on Made To Order Products.
6.6.2 Return is limited to one cycle of return and exchange per order. Prints purchased using store credit are not eligible for exchange. Deargraf does not offer exchanges or refunds on sale items.
7. LIMITED LICENSE
7.1 Subject to your continued compliance with these Terms & Conditions, Deargraf grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use the Website, for your personal, non-commercial use only.
7.2 The Website, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of Deargraf.
7.3 Except for the limited rights granted in this clause, you will not (and will not encourage or assist any third party to) modify, alter, tamper with, repair, or otherwise create derivative works of the Website or any software or technology included in or used or distributed by Deargraf to provide the Services.
8. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not use the Website or any part of the Services to upload, post, email, or otherwise transmit any content or materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable (in Deargraf's sole discretion);
(ii) contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence;
(iii) incite or encourage criminal or terrorist activities or physical harm against another;
(iv) exploit political agendas or contentious issues for commercial use, or contain hate speech based on race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group;
(v) are not your own, or that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as insider information or proprietary/confidential information disclosed under employment or non-disclosure agreements);
(vi) infringe any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary right of any party, or that are deceptive, misleading, fraudulent, or unlawful;
(vii) constitute unauthorized advertising, promotional material, "junk mail," "spam," "phishing," "chain letters," "pyramid schemes," or any other form of solicitation; or
(viii) contain software viruses, spyware, adware, worms, or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Your privilege to use the Website depends on your compliance with these standards and guidelines. Deargraf reserves the right to revoke your access for violations.
9. DISCLAIMER OF WARRANTIES
9.1 Kyle Design Ventures, on behalf of itself, its Affiliates, and any of its or their respective third-party Service Providers, licensors, and suppliers, hereby disclaims all warranties. The Product(s), offerings, content, and materials provided in the Services are provided "AS IS" and without warranties of any kind, express or implied. To the fullest extent permitted by law, Deargraf disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10. INTELLECTUAL PROPERTY
10.1 Software. You acknowledge and agree that the Services and all associated intellectual property rights are and shall remain the property of Deargraf. The source and object code of the Website, and its format, directories, queries, algorithms, structure, and organization, are the intellectual property and proprietary and confidential information of Deargraf, its Affiliates, and Service Providers. Except as expressly stated in these Terms and Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel, or other legal theory; all rights not expressly granted are reserved and retained by Deargraf.
10.2 Trademarks. Deargraf and the Deargraf logo (collectively, the "Deargraf Marks") are trademarks or registered trademarks of Kyle Design Ventures. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the property of third parties. Neither your use of the Services nor these Terms and Conditions grant you any right, title, interest, or license to reproduce or otherwise use the Deargraf Marks or any third-party marks. Any goodwill generated through your use of the Services in relation to the Deargraf Marks shall inure to the benefit of Deargraf, and you agree to assign, and hereby do assign, all such goodwill to Deargraf. You shall not, at any time, challenge or assist others in challenging Deargraf's right, title, or interest in, or the validity of, the Deargraf Marks.
10.3 Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including the Deargraf logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are owned solely by Kyle Design Ventures.
10.4 Product(s). Intellectual property rights to all Product(s), including artwork, shall be retained by Deargraf. Deargraf reserves the right to initiate legal action against any Buyer who copies, duplicates, or otherwise violates Deargraf's intellectual property rights. A Buyer who violates such rights shall fully indemnify Deargraf for all losses and damages suffered as a result.
11. TERM AND TERMINATION
11.1 Termination. These Terms and Conditions remain in full force and effect while you use the Services (including participation in Deargraf's promotional activities). Deargraf may terminate your use of, or access to, the Service in accordance with these Terms and Conditions.
11.2 Survival. Termination of these Terms and Conditions automatically terminates all rights and licenses granted to you hereunder, including all rights to use the Services, except that terms which by their nature are intended to survive termination shall survive (including, without limitation, intellectual property, disclaimers, limitations of liability, and governing law and venue).
12. AMENDMENTS
12.1 Deargraf may amend these Terms and Conditions from time to time. Deargraf shall notify Users of any Amended Terms. Upon such notification, continued use of the Website constitutes the User's agreement to the Amended Terms.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 These Terms and Conditions shall be governed by the laws of India, and the courts at Kollam, Kerala, India shall have exclusive jurisdiction over any matters arising hereunder. In the event of a dispute between the User and Deargraf that is not amicably settled within 30 days of arising, it shall be referred to arbitration before a sole arbitrator appointed by Deargraf, in accordance with the Arbitration and Conciliation Act, 1996.
14. COMPETITIONS
14.1 Deargraf shall, from time to time, hold promotional competitions ("Competitions"). Competitions shall be governed by these Terms and Conditions, as well as the rules published by Deargraf at the time of the Competition's announcement ("Competition Rules").
14.2 Deargraf shall set the Competition Rules and shall award prizes to Users at its sole discretion. No complaints regarding Competitions will be entertained. Deargraf shall be the sole authority on all matters relating to its Competitions.
14.3 Users shall be given prizes as specified by Deargraf. Any prize awarded in the form of cash shall be given net of applicable taxes deducted as per Applicable Laws.
15. LIMITATION OF LIABILITY
15.1 To the maximum extent permitted under Applicable Law, Kyle Design Ventures, its Affiliates, and Service Providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Website, our Products, or Services. This includes, without limitation, any claim arising from the condition, placement, display, or handling of a Product(s) or artwork after delivery, or from any physical, emotional, or other reaction of the Buyer or a third party to a Product(s) or gift, however caused.
15.2 Deargraf's aggregate liability arising from any Transaction, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by the Buyer for the relevant Product(s).
For any questions or grievances, please write to deargrafstudio@gmail.com