Dm3 sportswear provides its services to you, subject to the Terms and Conditions mentioned below.

By visiting our website (www.dm3sportswear.com and all its sub domains) you agree to be bound by the Terms and Conditions of this Policy.

This website is created and controlled by Dm3 sportswear. The laws of India shall apply and courts in Trivandrum shall have jurisdiction in respect of all the terms, conditions and disclaimers.

Definitions:

Agreement – means the Terms and Conditions (T&C) contained herein under the Dm3 sportswear brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.

Site – www.dm3sportswear.com (and all its sub domains), owned and operated by Dm3 sportswear, which provides a venue to users to buy the products listed.

User – Any person or legal entity who accepts the offer for sale by Dm3 sportswear by placing its order on our Site.

Products – Goods and services displayed and promoted on the Site.

Online Purchases

This Site is a venue where Users undertake purchase transactions pertaining to cycling goods and services. The commercial /contractual terms include without limitation – price, shipping costs, date, period, mode of delivery, warranties related to products and services including after-sales services related to products and services over which we have complete control and which may be subject to change.

The agreement between you and the Site is subject to the following terms and conditions: –

The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our Site you agree to be bound by the Terms and Conditions.

All prices, unless indicated otherwise are in Indian Rupees. By indicating a user’s acceptance to purchase any product or service offered on the Site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.

In a credit card transaction, you must use your own credit card. Dm3 sportswear will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.

In the event that a non-delivery occurs on account of a mistake by the User (i.e. wrong name or address), any extra cost towards re-delivery shall be claimed from the User placing the order.

Payment gateway takes 24-48 hrs to confirm the payment to check for fraudulent transactions. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed on the Site. Usually, all orders are processed and shipped within 7 working days, once payment is confirmed. However, certain categories of products have different lead-times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering. Dm3 sportswear shall not be liable for any delay/non-delivery of purchased goods in the event of flood, fire, wars, pandemic, acts of God or any cause that is beyond our control.

The Products shall be subject to manufacturer’s terms and conditions for warranty, service and maintenance, and Company does not accept any responsibility for the same. The Company also does not accept any responsibility for the usage of the Products by the User.

The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only. Company may assign any or all of its rights under these Terms to its Affiliates without consent of the User.

Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.

The User agrees to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Dm3 sportswear has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and /or other affiliated websites without prior intimation whatsoever.

Partial delivery of product needs to be reported within 10 days of receipt of the product. In the event of non-delivery of the products to the customers, Dm3 sportswear shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Trivandrum shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Dm3 sportswear, and their decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Trivandrum. The High Court of judicature at Trivandrum alone shall have the jurisdiction and the Laws of India shall apply.

Contents Posted on Site

Dm3 sportswear reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Dm3 sportswear or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to Dm3 sportswear. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Dm3 sportswear. You may not modify, distribute or re-post anything on this website for any purpose.

The Dm3 sportswear name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Dm3 sportswear. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use.

The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Dm3 sportswear.

By using this Site or any services provided on the Site, you agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Dm3 sportswear shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

You agree to defend, indemnify and hold harmless Dm3 sportswear, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Dm3 sportswear but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted for as a reasonable means of opting out. Message and data rates may apply.

You can also contact us for more information. If you wish to opt out please follow the procedures above.

Pricing error

Dm3 sportswear shall have the right to rectify or cancel the order if there are any differences in pricing resulting from typographic errors w.r.t pricing or product information.

Product Description

We try to be as accurate as possible. However, we do not warrant that Product content on the Site is complete or error-free.

Jurisdictional Issues/Sale in India Only

The material on the Site is presented for sale in India only. Those who choose to access the Site from locations other than India do so on their own initiative and we are not responsible for the supply of goods, refund’s and payments for the goods ordered.

Cancellation of order

We reserve the right to cancel any order at our sole discretion when we are unable to meet the requirement of the order placed or for any other reason. However, we will communicate the cancellation of the order within the appropriate time to the concerned person with the appropriate refunds.

Limitation of Liability

In no event shall Dm3 sportswear be liable for any special, indirect, incidental or consequential damages of any kind in connection with this agreement even if Dm3 sportswear have been informed in advance of the possibility of such damages.

Contacting us

If you have any questions about this Terms & Conditions, the practices of this site, or your dealings with this site, please contact us at:

Dm3 Sportswear
Vikas Bhavan
Law College Rd, P.O, Palayam
Thiruvananthapuram, Kerala- 695033

Phone: +91 89218 99898

E-mail: [email protected]

Website – www.dm3sportswear.com