This page provides information about who we are and the legal terms and conditions that may apply to your use (“you”, “your” or “User”) of the mobile application and/or Tesmare website www.tesmare.com (collectively referred to as the “Tesmare Platform”) and any Product you order from us. “Products” shall mean the menswear, womenswear, baby/kidswear, unisex apparels, lingerie, accessories, footwear, toiletries, perfumes and beauty products under the brand name “Tesmare”, “tesmare”, “Tesmares” including its sub-brands offered for sale to you on the Tesmare Platform.
These Terms create a legally binding agreement between you and Tesmare and its affiliates (which we may refer to as “Tesmare,” “we,” “us,” or “our”) regarding your use of the Platform.
Please note that we may from time to time change the Terms and Conditions that govern your use of the Tesmare Platform. Every time you wish to use our Tesmare Platform, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Tesmare Platform or suspend the operation of the Tesmare Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Tesmare Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on Tesmare Platform only with the involvement of a parent or guardian.
By accepting these Terms and Conditions, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In the event we are made aware that a user is under the age of 18 years and is using/browsing the Tesmare Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice.
1)Registration of your account:
In order to purchase Products on the Tesmare Platform and/or avail the services, you will have to register on the Tesmare Platform. Registration is a one-time process.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Tesmare Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Tesmare Platform, terminate accounts, remove or edit content at any time without notice to you.
We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Tesmare Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Tesmare Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
You will use the Tesmare Platform for lawful purposes only and will not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Tesmare Platform. You will not undertake any activity that is harmful to the Tesmare Platform or its content or otherwise not envisaged through the Tesmare Platform. You have a limited license to access and use the Tesmare Platform, solely for the purpose of availing the services and purchasing the Products offered on it, subject to these Terms and Conditions.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Tesmare Platform or the computer codes or elements comprising the Tesmare Platform. You may not use the content of the Tesmare Platform for any commercial purposes whatsoever.
We authorise you to view and access the Tesmare Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Terms and Conditions. We therefore, grant you a limited, revocable, non-exclusive and non-transferable permission to access and use the Tesmare Platform for the aforesaid purpose.
The license granted to you does not include a license for: (a) resale of products or commercial use of the Tesmare Platform or any content therein, (b) any collection and use of product listings, description, or prices, (c) any use of Tesmare Platform, the services and/or of any content therein other than as contemplated in these Terms and Conditions, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Tesmare Platform, and (f) creating and/ or publishing your own database that features parts of the Tesmare Platform.
Accuracy of Information.
The Tesmare Parties take reasonable efforts to ensure that information on the Site or provided via any other Service is complete, accurate and current. Despite such efforts, however, the information on the Site or made available via a Service may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The Tesmare make efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The Tesmare make no representation as to the completeness, accuracy or timeliness of any information. For example, products included on the Site may be unavailable, may have different attributes than those listed, or, to the extent permitted by law, may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of the Tesmare to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The Tesmare reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The Tesmare also may require verification of information prior to the acceptance and/or shipment of any order..
Ownership and Permitted Use of Content.
The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from the Site or any other Service (the "Content") are either the property of, or used with permission by, Tesmare. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on the Site or accessible via a Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing, or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
You agree that you will not use, sell or supply any product(s) purchased from Tesmare in an unlawful manner.
. Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Tesmare BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE ANY SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (INCLUDING, E.G, AS PROHIBITED BY THE LAWS OF THE STATE OF NEW JERSEY OR THE PROVINCES OF QUEBEC OR ONTARIO). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Tesmare reserves the right to suspend or terminate your account (and, subject to applicable laws, delete the profile corresponding to such account and any accompanying content) or your use of the Site or Features or any other Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products and services available on or through the Site, or any other Service at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
There may be legal notices on other areas of the Tesmare Platform which relate to your use of the Tesmare Platform, all of which will, together with these Terms and Conditions govern your use of the Tesmare Platform.
We reserve the right to update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without prior notification. Any updates or amendments will be posted on the Tesmare Platform. Your relationship with the Tesmare Platform will be governed by the most current version of these Terms and Conditions, as published on Tesmare Platform.
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.
Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy nor shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Whenever possible, each section of these Terms and Conditions shall be interpreted in a manner so as to be valid under applicable law. However, if any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, such Terms and Conditions shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such Terms and Conditions and the rest of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Any matter that arises out of your use of the Tesmare Platform (including any contract entered between you and us through the Tesmare Platform) shall be governed by Indian laws as applicable and any disputes regarding or arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Delhi. All contracts shall be concluded in English.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: Tesmare India Pvt. Ltd., Logix Infotech Park,D-5, Sector -59, Noida 201301, Uttar Pradesh
Email id-: email@example.com
Notwithstanding anything contained in these Terms and Conditions or elsewhere, we shall not be held responsible for any delay, loss, damage or failure to comply with the obligations, if such loss, damage, delay or failure arises from any cause which is beyond our reasonable control and is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the reasonable control of Tesmare and includes, without limitation, pandemic, epidemic, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
The words “include” and “including” are to be construed without limitation.
Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product and international shipping charges, unless specified otherwise in the Shipping Fees.
With respect to items sold on Tesmare.com, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship your products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Tesmare.
The prices displayed on this site are quoted in U.S. Dollars which you can view in your preferred currency using the currency converter link. This currency converter is only indicative and a value added tool. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.
All of Tesmare orders are shipped door-to-door from our warehouse in New Delhi, India to your provided shipping address via UPS. Processing the order normally takes 2 working days and then Shipping normally takes 4-6 working days.
Shipping destinations offered by Tesmare.com for delivery will be extended and updated from time to time and listed online.
We do not ship backorders. We aim to keep every item on our website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.
We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.
Our Courier Partner will attempt delivery 3 times at the delivery address specified by you in the order, before they contact us that your package is not deliverable. You can track the package through the Order Tracking facility. If the package status is shown as undeliverable please call the courier partner Customer Service at their local number and quote your tracking number to trace your package.
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email and/or mobile confirming receipt of your order and containing the details of your order as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we ship or dispatch the product(s) that you order from us. We reserve the right, at our sole discretion, prior to dispatch of the product(s), to decline or refuse or cancel an order for any reason whatsoever, including legal and regulatory reasons.
If your order is dispatched in more than one package, you may receive separate shipment confirmations for each package, and each shipment confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that shipment confirmation.
The duration of our contract with you will start from when you receive the order dispatch email and last upon delivery of the Products.
We list availability information for the products on the relevant webpage of the Tesmare Platform. Beyond what we say on that webpage or otherwise on the Tesmare Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Tesmare Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
If we cannot supply you with the Product you ordered, whether fully or partially, we will not process your order, to the extent we cannot supply the same, inform you of this in writing (including email) and, if you have already paid for the Product or service, refund you for the part of the order so cancelled, in full as per the Return & Refund terms herein.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, Tesmare has the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Tesmare shall incur no liability in such circumstances.
All orders placed on Tesmare Platform are subject to the availability of such product, our acceptance of your offer and your continued adherence to these Terms and Conditions.
You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the products ordered by you are for personal, non-commercial use.
Cancellation of Orders
You can cancel orders for Products in fully (not partially) till the time the cancel button is enabled against the order on the Tesmare Platform.