Return of Products

• You may initiate the request for return of the Product if: (i) Product is damaged; (b) both the Product and shipping package have been damaged; (iii) Product is defective or is not in working condition; (iv) the Product quality does not match the Product description on the Tesmare Platform; (v) parts of the Product or accessory is missing; or (vi) the Product ordered is different from what was ordered basis the product description provided on the Tesmare Platform (“Non-Compliant Product”). You shall initiate such requests for a return within 15 days of delivery. Please note some Products (eg. items on final reduction, masks, beauty products, knickers, knicker packs, swimwear, shapewear, toiletries, jewellery, personalised items and/or any products with a broken seal) are sold on non-returnable and non-exchangeable basis (“Non-returnable Products”). Notwithstanding anything to the contrary, Non-returnable Products cannot be returned under any circumstance.
• You shall keep the products in its unused, original condition, along with the original invoice/ sale receipt, brand outer box, MRP and Product tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful return pick-up. We would accept the request for return of such Product subject to the terms mentioned herein. Our Logistics Partner will usually pick up the Product from you within 3 days of initiating return.
• If you have received any Product which is subject to return as per the terms mentioned herein, we suggest you to immediately register a request in this regard on the Tesmare Platform. We will in our sole discretion verify if: (a) the defects and damages in the products or the non-compliances claimed in such Products are acceptable by us, or (b) such defects, damages or non-compliances are due to our default, and will accordingly post verification, accept or reject the request for return. For such verification, we may request you to send us images of the damaged, defective or Non-Compliant Product received and/or allow our personnel to schedule a visit to assess the damage, defect or non-compliance in the Product. Further to the assessment of the damage or the concern reported in the return request, we may in our sole discretion resolve the issue subject to the assessment report, in a manner as we may deem fit.
• Your return will be processed only when the conditions as may be stipulated by us are fulfilled at the time of return of such Products, such as the Product being returned in original condition (including water seal stickers in case of fragrances), along with the price tag intact including original packaging of the product, the brand outer packaging of the Non-Compliant Product and all accessories therein, no damage having occurred post-delivery of the Product while in your possession etc.
• You agree that we will not accept the return of any Product: (i) if the product belongs to Non-returnable Products category, (ii) if you fail to request return/register a complaint in relation to a Non-Compliant Product within the Return Period. Any damage to the product caused by your improper wearing or safekeeping of the Product, or any modification or change to the Product by you or a third party or any depreciation in the value for other reasons will not deem such Product a Non-Compliant Product and will not be considered returnable. Any decision by us in this regard shall be final and binding.

• You can return the product(s), purchased from us provided the Product(s) satisfy below mandatory conditions:

(i) The product has not been worn, cleaned or tampered with by you.

(ii) The price tag /bar code, brand tags, original packaging material, accompanying accessories is intact and not altered, damaged or discarded by you.

(iii) The Product is not altered.

(iv) Return is being initiated against the order under which the Product was originally bought, from same registered account and the serial number/ bar code of the Product matches our records.

(v) There is no foul odour, perfume, stains, dents, scratches, tears or damage on the Product.

(vi) The Product(s) if bought as a set should be exchanged as the complete set.

(vii) Products returned should be in unused, undamaged, unwashed and in a saleable condition.

(viii)We are satisfied that the Product has not been rendered defective or unusable.

• We reserve the right to reject the return request for a Product if it does not satisfy the aforementioned conditions. Further, we will not be under any obligation to process return or refund for Products which are visibly tampered with post-delivery to the customer or where the product returned is not the Product against which return is being sought.
• If the product received in the return package does not match the Product for which the return is initiated or where any third party product, wrong, offensive, harmful, deceptive, inaccurate, etc. products are returned, Tesmare reserves the right to deal with such products as it may deem fit in its sole and absolute discretion including resale and/ or destruction of such products. Request for return shall not be entertained by Tesmare even if such products are handed over to our Logistics Partner by mistake, erroneously or inadvertently. No claim for compensation or proceeds received by Tesmare from sale, etc. of such products will be entertained by Tesmare.

• Return of purchased Products are facilitated through our reverse-logistics partners. On receipt of request for return of Product on the Tesmare Platform and the same being duly acknowledged by us, our reverse-logistics partners may get in touch with you in order to collect the purchased Products from you.

Terms of Shipping and Delivery

We partner with third party logistic service providers in order to effectuate product shipping and delivery to you ("Logistic Partners"). We shall provide the details of the Logistic Partner which will be responsible for processing the shipping and delivery of any Product(s) purchased by you on the Tesmare  Platform at the time such Product is processed and successfully handed over to the Logistic Partner by us. The user will be provided with an estimated timeline for the delivery of the Product purchased from the M&S Platform through email/ sms on the e-mail ID and/or mobile number provided by you/ registered with us. This estimated timeline shall be notified to the user on the order confirmation page displayed at the time the order is confirmed by us. You agree and understand that though we effectuate product delivery to the users through our Logistic Partners, we reserve the right to ship and deliver the Products on our own without engaging any Logistic Partners or third party service providers.

You agree and understand that though we endeavour to ship and deliver our Products all across India, we may, in our sole discretion determine a select list of areas which are unserviceable for delivery of Products. We or our Logistic Partners do not provide shipping and delivery services in such unserviceable areas and may not process your orders on the Tesmare Platform in such cases. In the event an area has been deemed unserviceable by us, we shall notify such user at the time of placing an order for purchase of Products on the Tesmare Platform. You may also verify whether an area is unserviceable for deliveries by us by entering the relevant area pin-code on the Tesmare Platform.

You agree and acknowledge that to effectuate timely delivery of the purchased Products to you we may inquire or collect specific information like your name, shipping address, billing address, landmarks, contact details, etc. You shall ensure that all information that is submitted by you to us on the Tesmare Platform is true, complete, accurate and sufficient to identify the actual place of delivery. You understand that you shall bear absolute liability in case of any failure by us in delivering the purchased Products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order. It is further clarified that we shall not be liable in any manner and at any point in time due to your failure to provide correct and complete information.

We will attempt to deliver the purchased Product to your designated address within the estimated timeline of delivery notified to you. In the event you are not available or present to accept the delivery of the Product, our Logistic Partners will make a maximum of three attempts to deliver the purchased Product(s) to you. If the last delivery attempt is unsuccessful and you continue to remain unavailable, we reserve the right to cancel the order of the purchased Products at our sole discretion and process the return of such Product to us. We further reserve the right to deduct the shipping and delivery charges borne by us while processing any refunds subsequent to such cancellation.

While we make reasonable endeavours in ensuring that purchased Products are delivered to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of:

(a) Logistical issues beyond our control;

(b) Unsuitable weather conditions;

(c) Political disruptions, strikes, employee-lockouts, etc.;

(d) Acts of God such as floods, earthquakes, etc.;

(e) Other unforeseeable circumstances.

In such events of delay, we shall make reasonable attempt to inform you by writing to your email ID and/or mobile number registered with us. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in the delivery of purchased Products on the Tesmare Platform. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delay in the shipment or delivery or use of the purchased Products.

Once you place an order on the Tesmare Platform, we process such order and hand over the purchased Product to our Logistic Partner. The user will receive a unique tracking identity number once the purchased Product is handed over to the Logistics Partner, which will enable the user in tracking the status of delivery of the purchased Products. The user may use the tracking identity number on the Tesmare Platform or the website and/or the mobile application of the Logistic Partner to check the status and location of the purchased Product and its estimated time of delivery. Our customer service team coordinates with the Logistic Partners to ensure that the Products are delivered to you at the earliest and make all reasonable efforts in ensuring that the Logistic Partners update the tracking status of the purchased Products on a real time basis. It is clarified that we engage third party service providers to effectuate deliveries of the products and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in our control.

We reserve the right to charge or collect shipping fees (for delivery and/or return) on Products from time to time. Shipping charges may vary based on the value of the Product, type of Product, area of delivery, payment mechanism, etc. You agree that we are authorized to collect, on behalf of the Logistic Partner, the shipping and delivery fees for the service provided by the Logistic Partner. In the event we charge a shipping fees for the delivery of a purchased Product, such shipping fees will not be refunded by us pursuant to any return request raised by you. You acknowledge and accept that the title and risk of all products ordered by you shall pass on to you upon the delivery/ handover of the purchased Products to you.

Payment

In order to ensure user convenience, Tesmare offers multiple payment options (“Payment Options”) to user. We, without prior notice to user, reserve the right to add or delete payment options from /to the ones listed below:

• payment through net banking facilities;
• payment through select credit cards;
• payment through select debit cards;
• payments through cash on delivery;
• payments through prepaid payment instruments and electronic wallets.

The ‘cash on delivery’ payment option allows Users to make a cash-only payment to our delivery executive or logistic partner at the time of delivery of the purchased Products to the User. Presently, we offer a maximum order value of INR 49,999 (Indian Rupees Forty Nine Thousand Nine Hundred and Ninety Nine only) under the cash on delivery payment option. We reserves the right not to provide cash on delivery payment option for certain Products (these could be Products specified by us or Products with value exceeding a specified amount) or locations. User(s) are required to peruse and accept the terms set out under the Return, Refund and Cancellation for refunds in respect of transactions carried out using the cash on delivery payment option.

During the checkout process, you will be asked to enter your payment details. By completing your payment details, you confirm that the credit or debit card or any other prepaid payment instrument details being used is yours and is correct, complete and accurate. All fields indicated as compulsory must be completed. User(s) shall not use a credit/debit card or prepaid instrument which is not lawfully owned by him/her or which the user has not been lawfully authorised the user to use. The user shall solely be responsible for the security and confidentiality of his/her financial information. Tesmare disclaims all liabilities that may arise as a consequence of any unauthorised use of the user’s financial information and/or identity, including, details relating the payment options referred above. Please note that we may collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Cookie Policy.

All card payments are subject to authorisation by your card issuer.

It is expressly clarified that accepting a User’s payment through the Payment Options is solely at Tesmare’ discretion. Tesmare reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User’s transaction, we may request the User to submit a copy of the User’s photo identity proof (such as the User’s PAN card), failing which, we reserves the right to reject a User’s payment made through the Payment Options.

We reserve the right to impose limits on the number of transactions a User may undertake over the Tesmare Platform. Should the User exceed such transaction limits imposed by us, we reserve the right to refuse to process such transactions. We may refuse to process transactions emanating from User(s) who have suspicious or questionable transaction history on the Tesmare Platform. Should Tesmare be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the Tesmare Platform, we shall have the right to reject such transactions. We may also choose to delay the dispatch of Products purchased by such User or cancel the entire purchase at our sole discretion. The User agrees that we shall not be liable for any damage, interests or claims resulting from our decision to not process a transaction or delay in the processing of a transaction on account of a User’s suspicious activity on the Tesmare Platform.

All Products ordered will remain the property of Tesmare until we have delivered/ handed over the Products to the address specified by you. If your payment is not received and you have already received the Products you ordered from us, you must pay for it (in full) or return those products to us in accordance with our return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the Products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Product(s) that are the subject of an unpaid order.

Tesmare shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a user owing to:

• lack of authorisation for any transaction, including such transactions carried out on gift cards and vouchers issued to user(s) as a part of Marks and Spencer’s promotions.
• exceeding of the credit/debit limit mutually agreed between the user and the issuing bank.
• any payment issue arising out of technical glitches occurring during a transaction.
• declination of transaction for reasons beyond Marks and Spencer’s control.

Despite our best efforts, there may be instances of mispricing of Products on the Tesmare Platform during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the Tesmare Platform, errors and discrepancies arising out of technical glitches and time lags is unavoidable. For avoidance of doubt, Tesmare curative actions that will arise in the event of a price difference arising on the actual maximum retail price of a Products against the price published on the Tesmare Platform is set out below:

• If the maximum retail price of the Products delivered to the User is lower than the price published on the Tesmare Platform, the User shall within 15 business days from the time when he/she received the Products, intimate us at the customer care in each case resulting in an acknowledgment. Upon Tesmare being satisfied of the User’s claim, the difference in the purchase price against the maximum retail price shall be refunded within 7 business days.
• The refund amount will be credited to the original payment mode opted by you or the wallet (defined below), as may be chosen by you. In case of cash on delivery transactions, amount will be refunded to the User designated bank account held under the User’s name provided to us by you prior to processing the refund. In case payment by loyalty points, refund will be made as loyalty point credit in your account. You acknowledge that after initiation of refund, it may take additional time for your refund to reflect in your account which is subject to your financial institution or payment solution provider’s terms and conditions. In case you have used any voucher/ coupons/ codes while placing the order, the same shall no longer be reusable and no refund shall be processed against this.
• If the maximum retail price of the Products listed on the Tesmare Platform is higher than what has been published and if M&S is not providing an offer or discount on such Products, Tesmare shall have the right to reserve the despatch of the purchased Products until the error on the Tesmare Platform have been rectified and the User pays the difference amount. If the User refuses to pay the difference, the User is entitled to seek a cancellation and the amount paid by the User shall be refunded as per the cancellation terms herein.
• In order to process such refunds, the User will be required to send an email to us dg@tesmare.com Thereafter, the User will receive a refund if the initial mode of payment and in a User designated bank account held under the User’s name for the order that were ‘cash on delivery’.

Product Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Tesmare Platform are correct and that all products have been fairly described. However, when ordering Products through the Tesmare Platform, please note that:

• Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Tesmare Platform;
• All prices are displayed and listed in Indian Rupees (INR). Price, as displayed, is inclusive of all applicable taxes;
• Packaging may vary from that shown on the Tesmare Platform;
• Whilst we try to display the colours of our Products accurately on the Tesmare Platform, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the Product on delivery;
• All items are subject to availability. We will inform you as soon as possible if the Product(s) you have ordered are not available and we may offer alternative Product(s);
• Products in your shopping cart of Tesmare Platform will reflect the most recent price as displayed on the Product’s information webpage on Tesmare Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve availability of the Product or the price shown at that time. It is also possible that a Product’s price may increase or decrease between the time you place it in your shopping cart and the time you place the order.