Terms & Conditions
Effective for all purchases on Docandmark.com
Introduction
Welcome to Docandmark.com. You are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on Docandmark.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Docandmark.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Docandmark.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited.
Docandmark.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Docandmark.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Docandmark.com for any reason whatsoever. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Docandmark.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. By using the services of Docandmark.com you agree to be bound by the Terms and Conditions.
Account And Registration Obligations
Your Information is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Docandmark.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
You Also Agree To:
Provide true, accurate, current and complete information about yourself as prompted by Docandmark.com's registration form. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, Docandmark.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information
While Docandmark.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Docandmark.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Docandmark.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. Prices and availability are subject to change without notice.
Cancellation By Docandmark.Com
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. If your order is cancelled after your credit card/debit card or Net Banking has been charged, the said amount will be reversed back in your respective account.
Cancellations By The Customer
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. Docandmark.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Docandmark.com and accept Docandmark.com decision regarding the cancellation.
Credit Card, Debit Card And Net Banking Details
You agree, understand and confirm that the credit card, debit card, Net Banking details provided by you for availing of services on Docandmark.com will be correct and accurate and you shall not use the credit card, debit card, Net Banking which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card, debit card, Net Banking details to Docandmark.com. The said information will not be utilised and shared by Docandmark.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. Docandmark.com will not be liable for any credit card, debit card or Net Banking fraud.
Fraudulent / Declined Transactions
Docandmark.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Docandmark.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions. Docandmark.com shall not absorb any liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You Agree And Confirm:
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Docandmark.com for redelivery shall be claimed from you.
- That you will use the services provided by Docandmark.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. Docandmark.com reserves the right to confirm and validate the information and other details provided by you at any point of time.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You May Not Use The Site For Any Of The Following Purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Payments
Payments can be made by Credit Cards, Debit Cards or Net Banking. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order. Items for orders placed together may be shipped separately.
Allotment & Shipping
Docandmark.com may at any time update the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Docandmark.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Modification Of Terms & Conditions Of Service
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi 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 Docandmark Future Footwear Limited and his decision shall be final and binding on the parties hereto. The arbitration shall be held in New Delhi. The language of Arbitration shall be English.
Governing Law And Jurisdiction
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Docandmark.com on or by this Site (collectively, the "Comments") shall be and remain Docandmark.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Docandmark.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Docandmark.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Docandmark.com and its affiliates for all claims resulting from any Comments you submit.
Reviews, Feedback, Submissions
Docandmark.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. All rights, including copyright, in this website are owned by or licensed to Docandmark.com. 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 Docandmark.com. You may not modify, distribute or re-post anything on this website for any purpose.
The Docandmark.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Docandmark Future Footwear Limited. No trademark or service mark license is granted in connection with the materials contained on this Site.
Copyright & Trademark
You agree to defend, indemnify and hold harmless Docandmark.com, 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 Docandmark.com or any third party including 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.
Objectionable Material
This User Agreement is effective unless and until terminated by either you or Docandmark.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Docandmark.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to Docandmark.com. Upon any termination of the User Agreement by either you or Docandmark.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
Indemnity
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. Docandmark.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications.
To the fullest extent permitted under applicable law, Docandmark.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. The total liability of Docandmark.com to you for all liabilities arising out of this User Agreement is limited to the value of the product ordered by you.
Termination
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet 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. Docandmark.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Limitation Of Liability And Disclaimers
Docandmark.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Docandmark.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. Docandmark.com shall not be liable for any liability arising out of any act or omission or negligence or misconduct of Payment Gateway or Bank.
Offer And Promotions Terms & Conditions
Docandmark End Of Season Sale Is Valid At All Docandmark Stores And Our Website, Subject To Such Terms And Conditions As Mentioned Below:
- The offer during the End of Season Sale cannot be combined with any other offer on promotion conducted by Docandmark during the same time.
- The Store is not liable for any defect in the product one purchased.
- Merchandise purchased during End of Season Sale is not eligible for return, exchange or refund.
- Docandmark has the sole right to withdraw the Offer at any time without any prior notice and further to add, alter, modify, change or vary all or any Terms and Conditions.
- Docandmark shall not be liable for non-fulfillment of any terms of offers in full or part due to any reason beyond the Company's control.
- The decision of the management of Docandmark shall be final and binding.
- Disputes, if any in relation to this offer shall be settled under the jurisdiction of competent Courts/tribunals at Delhi to the exclusion of all other courts having concurrent or similar jurisdiction.
Promotions And Offers Are Valid At Docandmark Stores And Our Website, Subject To Such Terms And Conditions As Mentioned Below:
- No two offers can be combined.
- The offer/promotion will be recalculated under any circumstances of return of partial orders.
- Vouchers issued under any offer/promotion will and cannot be extended post the validity.
- Vouchers issued at the store cannot be used to make an online purchase and vice versa.
- No returns will be accepted for the product sold on 50% discount or more.
