Terms and Conditions

TERMS AND CONDITIONS

Throughout the site, the terms “we,” “us,” and “our” refer to D’élégance, which offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you signify your agreement to be bound by the conditions specified in the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or making changes to our website. It is considered to be the responsibility of the viewer to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 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 Services.

GENERAL

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (EXCEPT 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, use, or access to the Service or any contact on the website through which the service is provided without express written permission by us. The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the 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 on our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue the service (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 service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee the changes caused by the viewer’s display screen.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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 judgement, 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 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.

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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third parties. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these 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.

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 of Service.

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 service 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.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service 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 service is at your sole risk. The service and all products and services delivered to you through the service 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 D’élégance, 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 to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, or (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 service 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless D’élégance, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Further, you expressly release the Company and/or its affiliates and/or any of its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any cost, damage, liability or other consequence of any of the actions/inactions of the Company and specifically waive any claims or demands that you may have under any contract or otherwise.

SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service 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 of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services, shall be governed by and construed in accordance with the Indian constitutional act or laws of IPC or law details

. Applicable Law and Dispute Resolution

The Policy herein shall be construed in accordance with and be governed by the laws of India. All disputes arising out of or/and relating to the Policy shall be subject to the exclusive jurisdiction of the Courts in New Delhi.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.

DELIVERY PERIOD

The delivery period stated in the FAQ and product listings on our website is an estimate, not a guarantee.

CONTACT INFORMATION

In case of any questions about the Terms of Service, you can connect with us at 

 

 

INTRODUCTION

Privacy is extremely valuable to D’élégance & we are committed to being transparent about what information we collect & how we use it. This Privacy Notice (“Notice”) elaborates on the type of information we collect from you when you use our website or our services and our practices for collecting, using, maintaining, and sharing that information.

We may change provisions of this Notice from time to time. We encourage you to review the Notice whenever you access our website or use our services to make sure that you understand our practices.

Information You Provide To Us

The information we collect directly from you may include:

Creating an Account: We collect your first and last name, email address, and a password when you create an account.

Order Information: We collect your shipping addresses and phone number if you make a purchase for delivery.

Order History: We keep track of the purchases you make, the amount you spend, and the products you are interested in.

Shopping Preferences: We may collect your shopping preferences including the types of products you buy, the occasions for purchase, and the types of recipients. We associate this information with your account to provide you relevant information and products.

Referrals: If you provide referrals to us, we collect the email addresses and status of those referral(s).

Your Searches on our website: If you enter a search term on our website, that term may be associated with your account or another identifier.

Promotions: We collect your email address if you provide it to us in connection with discount and/or promotional offerings you’d like to know about.

Hiring: If you submit an application to work for us, we will collect personal information about you associated with your application. We use it to evaluate your application.

Payment Information: If you purchase a product, we receive information from third-party payment processors, but we do NOT collect or store payment card information unless you authorize us to.

INFORMATION WE COLLECT AUTOMATICALLY

Our servers automatically collect usage information about your use of our website, including the webpages visited, number of log-ins, data displayed or clicked on, actions taken, your language preference, and other usage information.

• We collect information from the device and application you use to access our Services. Device data mainly means your IP address, operating system version, device type, device ID/MAC address, system and performance information, and browser type. If you are on a mobile device, we also collect the UUID for that device.
• We use first party and third-party cookies and tracking services that employ cookies and page tags to collect usage information.
• We keep log files that contain data about the nature of your access to our servers, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
• We may collect information from unaffiliated third parties so that we can better understand you and provide you with information, products and offers that may interest you.

INFORMATION WE GET FROM OTHERS

We sometimes collect personal information from third parties who help us with our business and commercial needs. This may include the following:

• From other customers: Our customers may provide your personal information as part of buying our products or using our services. For example, we may collect your personal information if another customer has sent you a gift or if they include your email as a referral.
• Service Providers and Suppliers: We may receive Contact Information or other personal information from our vendors or agents working on our behalf for the purposes described on our website.
• Business Partners: We receive personal information from other companies with which we work together to offer services to our customers, or to reach potential customers with our marketing messages. This includes our advertising and analytics providers and our partners with which we offer co-branded services or engage in joint marketing activities.
• Social Media Platforms: If you connect with us or one of our representatives on social media, we may collect your personal information that is publicly available or that you have made publicly available and any information the platform makes available.
• Legal Authority: Including law enforcement agencies, courts, regulatory agencies, and data protection authorities.
• Parties to Corporate Transactions: We may receive personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or at transfer, divestiture, or sale of all or a portion of business or assets.

HOW WE USE YOUR INFORMATION

We may use the personal information collected through our Services to:

• Operate and improve our Services;
• Send you advertising or promotional materials;
• Provide and deliver the services you request, process transactions, and send you related information; Further, we use your personal information to take and fulfil orders, deliver products, process payments and communicate with you about orders, products and services and promotional offers.
• Send you technical notices, updates, security alerts, and support and administrative
• messages;
• Respond to your comments, questions, and requests and provide you with requested customer support;
• Monitor and evaluate trends, usage, and activities in connection with our services;
• Secure our systems, prevent fraud, and help us to protect the security of your account;
• Prevent, detect, and investigate potentially prohibited or illegal activities and to enforce our terms and policies;
• Personalize and improve the services, and provide content, communications, or features that match users interests; and
• Link or combine with other information we obtain from third parties to help understand your needs and provide you with better service.

HOW WE PROTECT YOUR INFORMATION

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any and all payment transactions will be encrypted and all payment data is stored by our payment processors and is never stored on our servers.

The safety and security of your information also depends on you. Your password for access to certain parts of our website is confidential. We ask you not to share your password with anyone. The transmission of information via the internet is never completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

USE OF COOKIES

We use cookies, which are pieces of information that a website transfers to an individual’s computer hard drive for record-keeping purposes, and similar tracking technologies on our website and when providing our website. Cookies make using our website easier by, among other things, saving your passwords and preferences for you. Our cookies are primarily set by our business partner, Shopify. 

Some cookies enable us to optimize your shopping experience. For example,

• Pinterest sets cookies that ensures you can share our website pages via Pinterest using the “share” button.
• Facebook cookies and pixels are set to help serve advertisements and other relevant product information on their Platforms.

You can use your web browser to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation. 

INFORMATION SHARED WITH THIRD PARTIES

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. In connection with any reorganization, restructuring, merger, or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your privacy in a manner that is consistent with our Notice.

ADDITIONAL RIGHTS

We seek to provide transparency about our privacy practices and allow you to exercise choices about how your personal information is processed by us. If you have any questions about your personal information, please contact us at support@delegancegifts.com

CONTACT US

We welcome your questions, comments, and requests regarding our Privacy Notice, and should be addressed to support@delegancegifts.com

REFUND & CANCELLATION

In case of Customized Items, no refund and cancellation is allowed.

In case of non-personalized items you can cancel the order by emailing us at support@delegancegifts.com within 24 Hours of placing the order. 

 

In case of delay in delivery for any reason but not limited to delay by postal service or extra shipping time, refund will not be given for the same. 

LOST/DAMAGED BY POSTAL SERVICE: Customer needs to inform us with in 24hrs after the delivery time. After verification of the information provided by the customer or any other details required by us, we will send the package again. It will solely be our decision to judge the customers claim and to decide upon reshipping the package.

RETURNED: If a package is returned because the address provided to us was incorrect, we are not responsible for the cost of re-shipping. We will contact the buyer for the correct address, and buyer will need to re-pay shipping and handling costs before then we will send the package again. No refund will be entertained. 

REFUSED/UNCLAIMED MAIL: If delivery is refused by the recipient or the package is unclaimed for any reason, the order will not be refunded.