Terms of Use (“T&C”)
USE OF THE PLATFORM
Welcome to https://dawnandbreeze.com (“Website”) its tools and applications is an online service operated and managed by House of DB Multi Trade Private Limited (“We” or “Us” or “Company”). Website, tools and applications, are together (herein referred as “Platforms”). While using Dawn and Breeze Nutrition’s (“Dawn and Breeze” or “Dawn and Breeze Nurtition”) Platform, services or products, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (“User Agreement” or “T&C”), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access/use Platforms.
You may be accessing our Platforms from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Platform and your conduct, regardless of the means of access. We reserve the right to change, modify, add or remove portions of this T&C from time to time, without any prior notice to you and it is your responsibility to look through them as often as possible. Your continued use of the Platforms following such revisions will imply that you accept such revisions to the T&C and agree to adhere to it. For this reason, we encourage you to review these T&C each time you access and place your order. User herein shall mean the persons who browse, access, order products or who avail the services (“Users”). These terms and conditions (“Terms of Use”) along with the Privacy Policy, Shipping Policy and Replacement, Returns and Cancellation Policy and any other policy of the Company (collectively, the “Policies”) are applicable to any person who may access or use the Platform and/or any Services offered, and may be modified and updated from time to time. These Terms of Use govern all Products offered on the Platform.
By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORMS INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
ELIGIBILITY TO USE
Use of the Platforms 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 Platform. We reserve the right to terminate your membership and refuse to provide you with access to the Platforms at our sole discretion. The Platforms shall not be available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on the Platforms are available outside India. Those who choose to access this Platforms and its tools from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. We will deliver the products only within states having an open import policy and will not be liable for any claims relating to any products ordered from restricted states.
You must be over 18 years of age to be eligible to shop for our products and or leverage our services including but not restricted to consulting with our experts, signing up for our newsletters, sharing your personal information, using any of our platforms such as the website, mobile applications or social media.
ACCURACY OF CONTENT AND INVITATION TO OFFER
We have taken reasonable care and precaution to provide accurate data and information. In the preparation of the content for the Platforms, in particular to the prices of the products, we have taken reasonable care to ensure that the prices quoted are correct at the time of publishing and that all products have been adequately described. All prices are displayed inclusive of all taxes. Packaging of the products may vary from that shown on the Platforms. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the Platforms. However, as the actual colors you see will depend on your monitor/phone screen, we cannot guarantee that your monitor’s/phone screen’s display of any colour will accurately reflect the colour of the product on delivery. We are responsible solely for the content available regarding our products/services on the Platforms as provided by us. We shall not be held accountable for reliance placed on information available on any other platform(s)/Platforms(s), including but not limited to social media platforms, unless affirmed by us prior to such reliance.
All products/services and information displayed on the Platforms constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time. In such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such a balance order. No act or omission of Dawn and Breeze Nutrition prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your contact details, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
GENERAL TERMS OF USE
Users hereby agree to be bound by these General Terms of Use:
User is hereby authorized to use the Platforms for a lawful purpose and for the purposes as mentioned under the policies of the Dawn and Breeze. Any violation of the policy will lead to strict legal action against the User in accordance to the terms of the policies and applicable laws; Dawn and Breeze strives to provide the best prices possible on products and services to Users buying or availing from the Platforms. Prices and availability are subject to change without notice or any consequential liability on Dawn and Breeze; The prices and offers displayed for each item under a promotion will be for limited stocks in selected categories and the respective days of the promotion only; Dawn and Breeze may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Platforms accordingly; In case of Cashback offers extended by banks during the aforesaid promotion period, the User will, in addition to this Terms of Use, be governed by the terms and conditions of the said bank/card issuer; Dawn and Breeze shall have the right to modify the price of a product or service any time, without any prior information; Cancellation
CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds and Return policy provided on our Platforms.
DELIVERY
Delivery usually takes 5-7 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on the order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. For orders containing multiple products, delivery may be made in single or multiple shipments.
You agree that Dawn and Breeze shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery. It is understood by the User that Dawn and Breeze use third-party delivery services and shall not be liable to pay for any damages caused by the actions, negligence, or delay by the delivery agent.
For further details please refer to our Shipping and Delivery policy provided on our Platforms.
QUANTITY RESTRICTIONS
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to anyone as we may deem fit.
Users are prohibited from reselling any products of Dawn and Breeze in an unauthorized manner, either on any online platform or in-person. Any such act on the part of any User shall give Dawn and Breeze the unfettered right to terminate their Account in addition to initiating legal action, both civil and criminal, available at law or in equity.
PRODUCT AND PRICING INFORMATION
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, we 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. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted, and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event, we accept your order through online payments, the same may be debited to your credit/debit cards, UPI/Wallets/net banking/other payment modes, and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to the dispatch of the product that you have ordered. As the User, it is your responsibility to confirm the applicability of the coupon codes/promotional offers/discounts before availing of the same.
USE OF THE PLATFORMS
Your Account
For registering a new User on the Platforms, Dawn and Breeze may collect certain personally identifiable information, including your first name and last name, and contact details such as your email address, phone number, billing/shipping address, other contact information, demographic details, and so on. By registering on the Platforms, it is deemed that the User has expressly consented to such data collection and processing for their use of the Platforms. You may create and hold one user account (“Account”) only. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide or publish on the Platforms, in any manner whatsoever, including feedback, comments, reviews are not confidential or proprietary and do not infringe any rights of a third party in any manner whatsoever. Each Account is non-transferable and may not be sold, traded, combined, or otherwise shared with any other person.
CUSTOMER SOLICITATION
By accessing the Platforms or placing an order or sending any information, you are communicating with Dawn and Breeze electronically and you agree to receive communications (including transaction, promotional and/or commercial messages) from Dawn and Breeze periodically and as and when required. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the Platforms or by any other mode of communication.
ERROR REPORTING AND FEEDBACK
You may provide us either directly at customercare@dawnandbreeze.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
INTELLECTUAL PROPERTY RIGHTS
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platforms.
Access to this Platforms does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Platforms, are owned by or licensed to us. You may not modify, distribute or re-post anything on this Platforms for any purpose.
Dawn and Breeze’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Dawn and Breeze or licensed to Dawn and Breeze. All other marks are the property of their respective companies, and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Platforms.
Access to this Platforms does not authorize anyone to use any name, logo or mark which appear on the Platforms in any manner. References on this Platforms to any names, marks, products or services of third parties or hypertext links to third-party Platforms or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
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 Platforms (collectively, the Content) are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Platforms or any related software.
CONFIDENTIALITY
You shall not disclose to any person any confidential information of Dawn and Breeze, including its affiliates, employees, agents, contractors, and consultants, which comes into your possession as a result of your use of the Platforms or the Services. For the purposes of these Terms, “confidential information” shall include all information disclosed by Dawn and Breeze to you, irrespective of whether it is marked as confidential or not.
FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance of these Terms to the extent such failure or delay is caused by reasons beyond its reasonable control, including but not limited to acts of God, war, fire, strikes, flood, governmental regulations, power failures, or damages or destruction of any network facilities or servers or any delays in shipment or delays caused by the delivery services or any similar occurrence.
GOVERNING LAW
These Terms and all transactions entered into on or through the Platforms and the relationship between you and Dawn and Breeze shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms or any transactions entered into on or through the Platforms or the relationship between you and Dawn and Breeze shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
REPORT ABUSE
As per these Terms, users are solely responsible for every material or content uploaded on to the Platforms. Dawn and Breeze does not review the contents in any way before they appear on the Platforms. Dawn and Breeze does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Platforms. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to customercare@dawnandbreeze.com.
SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
TERM AND TERMINATION
These Terms will remain in full force and effect while you are a User of the Platforms. We may suspend or terminate your rights to use the Platforms at any time for any reason at our sole discretion, including for any use of the Platforms in violation of these Terms.
CONTACT US
Please contact us at customercare@dawnandbreeze.com for any questions or comments regarding these Terms.