Terms & Conditions

Welcome to SIMARDUGAL.COM (“Website”). SIMAR DUGAL and/or its affiliates provide website features and other products and services to you when you visit or shop at www.simardugal.com, use SIMAR DUGAL products or services, or use software provided by SIMAR DUGAL in connection with any of the foregoing.

SIMAR DUGAL provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and SIMAR DUGAL (“Firm” or “us” or “We” or “simardugal.com”). This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

www.simardugal.com is an internet based portal owned and operated by SIMAR DUGAL; a firm having its registered office at  B-27, Sector 4, Noida, 201301. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '"you", "your" shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our", "Firm”, “Website”, “Platform” shall mean SIMAR DUGAL(www.simardugal.com) and includes its associates, affiliates and subsidiary (ies).

The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by SIMAR DUGAL at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance 

PRIVACY

At www.simardugal.com we value and share your concerns about your privacy and security. By visiting us, the user has agreed to read, browse and access all our information subject to the guidelines and terms of use applicable to such services. 

If you visit or shop at www.simardugal.com, you accept the following conditions. Please read them carefully. In addition, when you use any current or future www.simardugal.com service or visit or purchase from any business affiliated with www.simardugal.com, whether or not included in the www.simardugal.com website, you will also be subject to the guidelines and conditions applicable to such service or business.

When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

If you choose to buy on the Website, we collect information about your buying behaviour.

If you transact with us, we collect some additional information, such as a billing address, a credit/ debit card number and a credit/ debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

We collect personally identifiable information (email address, name, phone number, credit card/ debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.

The Website links to other websites that may collect personally identifiable information about you. The website is not responsible for the privacy practices or the content of those linked websites.

SHARING OF PERSONAL INFORMATION

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may employ third parties’ services to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the Site (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of your personal information for any other purpose except to facilitate the specific outsourced service. In the event of your direct involvement with the internal service provider, any additional information disclosed by you to them shall be subject to internal service provider’s own applicable privacy policy and the Website shall not be responsible for the same.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

INTELLECTUAL PROPERTY RIGHTS

Use of www.simardugal.com and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights, including www.simardugal.com's Software and all HTML and other code contained in this Site. Any violation of our trademarks, copyrights, designs will be liable for legal action. 

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, page layouts and software, is the property of www.simardugal.com or its content suppliers. The compilation of all content on this site is the exclusive property of www.simardugal.com. All software used on this Site is the property of www.simardugal.com and/or its software suppliers.

ELECTRONIC COMMUNICATIONS

When you use our Site or send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records, and you consent to receive communications via electronic records from us periodically. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice/electronic record.

TAXES & DUTIES

The product prices displayed are at maximum retail price and include all taxes and duties liable to be paid by us. The Firm guarantees that the prices displayed on the website are standard prices for the products across the board. In case of international deliveries, we ship on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are in, payment of these at the time of delivery is necessary to release your order from customs on arrival.

PRODUCT DESCRIPTIONS

Products displayed on SIMAR DUGAL attempts to be as accurate as possible. However, SIMAR DUGAL does not warrant those product descriptions or other content is 100% accurate, complete, reliable, current, or error-free. If a product offered by SIMAR DUGAL is not as described, your sole remedy is to contact SIMAR DUGAL within 24 hours of receipt and SIMAR DUGAL solely vests the right to provide a solution as per its discretion. SIMAR DUGAL is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

INACCURACY DISCLAIMER

From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

PRODUCT COMPLIANCE

Products displayed/ sold on the SIMAR DUGAL website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

SIZING

The fit of our products may vary on the cut, fabric and style of each product. Some products are designed to have a loose, relaxed fit while others are more fitted. Please refer to our sizing chart to select the best size that suits you. For any assistance required in sizing please contact us on +91 9810207533 or store@simardugal.com.

COLORS

We have made every effort to display the colours of our products that appear on www.simardugal.com as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor’s display of a colour will be completely accurate.

DELIVERY

Product will be delivered in 30 - 60 days depending on the outfit ordered. For urgent deliveries/queries, please contact us on +91 9810207533 or store@simardugal.com.  Please note that deliveries can be affected in case we do not receive any of the below information on time:

Information:
1. Complete payment is not received
2. Incorrect/inaccurate address details
3. Measurements
4. No response from the customer

Please note that we try our best in ensuring that the product reaches you within time. In order to fasten our process, we have tied up with several third-party vendors for quicker deliveries. However, in case of delay from a third party, we do not take any responsibility. 

SHIPPING 

We ship worldwide. The shipping charges for all shipping within India is free and is completely borne by us. However, the shipping charges for international shipping will be additional and will be charged based on the weight and volume of the product and the country where the delivery is being dispatched. Shipping charges will be shared upon inquiry.

In case of any alterations in the garments shipped internationally, return shipping should be borne by the customer since we request for at least one trial to fit the garment best to your size.

ORDER TRACKING         

If you’re a logged in user, simply head to the ‘My Account’ section in your account to track your order. If you shopped as a guest, enter your order number and e-mail address in our Order Tracking page to check the status. If you have any concerns pertaining to your order including but not limited to the order dispatch, please e-mail us at info@simardugal.com,  and we will revert within 48 hours.

DELIVERY POLICIES

SIMAR DUGAL uses third party logistics and dispatches for all its courier services. SIMAR DUGAL attempts to deliver all deliveries within the period specified for the delivery of the product and we use only reputed international carriers. It is, however, relevant to note, that SIMAR DUGAL is not responsible for the timely delivery of the products in case of any delay from the logistics team. 

For all deliveries within India, SIMAR DUGAL bears the costs of shipping services. However, international shipping charges are requested to be paid by the Client.

For 'Cash on Delivery' services, SIMAR DUGAL bears part of the cost as charged by the courier services. However, the remaining part of the amount is requested to be paid by the Client. Therefore, when placing the order in case a Client opts for COD facility, there will be an addition of COD charge to the total order value. 

UNDELIVERED OUTFITS

SIMAR DUGAL will dispatch the outfits as promised to the client upon receipt of full payment. If the client wants to collect the outfit from the SIMAR DUGAL stores, the outfit will remain with SIMAR DUGAL until the said delivery date. However, if the outfit is undelivered and returned to us or has not been picked by the client, we will re-connect with the client to re-attempt the delivery. If we are unable to contact the client, we will hold the outfit with us for a period of 6 months. In case of no communication/response from the Client over this 6-month period, SIMAR DUGAL will consider the amount paid for the outfit forfeited and the outfit will be discarded. Additional charges for repeated delivery attempts, if any, will be borne by the Client upon the piece being successfully delivered. 

RETURNS

We want you to love what you purchase, but if something isn’t right, we request you to let us know via electronic mail. SIMAR DUGAL is a 100% handmade brand which contains organic fabric specifically dyed in a certain manner and/or hand embroidered items and shall make all endeavours to deliver defect free products to the purchasers. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to SIMAR DUGAL within 24 hours of its receipt. Any communication received after 24 hours of delivery shall not qualify for return. SIMAR DUGAL will not provide the option of exchange for reasons like colour mismatch and exchange for size, however, with respect to issues in sizing SIMAR DUGAL is happy to assist you with alterations.  

It is relevant to mention that SIMAR DUGAL does not take title to any returned items purchased by the user unless the item is received by SIMAR DUGAL at the registered address of B-27, Sector 4, Noida, UP- 201301.

Orders on COD strictly cannot be returned. Items on sale also strictly cannot be returned. 

Once the piece sought to be returned is received, the customer care team at SIMAR DUGAL would study the need for return or exchange and the final decision is strictly at the sole discretion of SIMAR DUGAL. No money for the returned product will be refunded, however a credit note will be generated for the value of returned goods. The credit note would be valid for 1 year from the date of issue. 

Kindly write to us on info@simardugal.com for further assistance. 

ORDERS AND CANCELLATIONS

We reserve the right to accept or reject orders placed through our Site. We have tried our utmost best to provide the best quality products to you. 

An end user may cancel an order within 4 hours after placing it. No cancellations beyond 24 hours will be entertained. Any accepted cancellation beyond 24 hours will be exclusively at the discretion of SIMAR DUGAL. A cancelled order will result in a credit to the user credit card/account.

Please note: An amount of 1.9% will be charged from the total amount in case of domestic transfer and 2.9% in international transfers to the respective payment gateway.

SALE

SIMAR DUGAL can offer some of its products on promotional prices. However, please note that the sale outfits cannot be exchanged/returned strictly. Advance received for a sale outfit cannot be reimbursed/refunded under any circumstances. Alteration/resizing of sale outfits will not be done for any outfits offered on sale.

WARRANTIES & LIABILITY

All information, content, materials, products (including software) and other services included on or otherwise made available to you by SIMAR DUGAL are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through our Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.

We do not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that SIMAR DUGAL shall not be liable for any damages of any kind related to your use of this Website.

Though we shall make every endeavour to protect our Website from any viruses or illegal use of our Website however, we do not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

All the products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such product that could not be delivered to you. It is YOUR responsibility to ensure that the products purchased on this Website are not restricted in your territory. SIMAR DUGAL shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this Website. SIMAR DUGAL will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INDEMNITY

You agree to defend and indemnify SIMAR DUGAL (and its officers, promotors, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of these Terms & Conditions, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

BREACH

In the event you are found to be in breach of these Terms & Conditions or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the above, if you breach the Terms & Conditions or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice, immediate limitation of your activity on the Website, removal of your information if required, temporary/indefinite suspension or termination or blocking of your membership, and/or a refusal to provide you with access to this Website.

SEVERABILITY

We reserve the right to make changes to our Website, policies, service terms, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions contained in this Agreement.

WAIVER

The failure by SIMAR DUGAL to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not constitute a waiver by SIMAR DUGAL of its right at any time subsequent time to enforce any or all the Terms & Conditions of this Agreement.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

FORCE MAJEURE

Failure on the part of SIMAR DUGAL to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against SIMAR DUGAL or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action/regulation/notification, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of SIMAR DUGAL that directly or indirectly hinders or prevents SIMAR DUGAL from commencing or proceeding with the processing of the transactions contemplated hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of Force Majeure.

DISPUTE RESOLUTION

This Agreement shall be construed and the legal relations between YOU and SIMAR DUGAL hereto shall be determined and governed according to the laws of India. If any dispute arises between you and SIMAR DUGAL regarding your use of the Website or Your dealing with SIMAR DUGAL in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Delhi.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to info@simardugal.com

The ‘Customer Care’ shall thereafter consider the same and provide a response within 10 days of the date of such complaint/ grievance.

GOVERNING LAW

These Terms and Conditions or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

Any queries regarding the Terms & Conditions should be sent to us at info@simardugal.com.