Terms of service

📜 Terms of Service

Effective Date: December 27, 2025
Last Updated: December 27, 2025

Overview

Welcome to Divyam Fashion!

Throughout this website, the terms "we", "us", and "our" refer to Divyam Fashion.

Divyam Fashion operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the "Services") to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to offer these Services.

These Terms of Service ("Terms"), together with any policies referenced herein, govern your access to and use of the Services and outline your rights and responsibilities.

Please read these Terms carefully before using our Services.

By visiting, browsing, or purchasing from our store, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Services.

📋 Section 1 – Access and Account

Age Requirement

By using our Services, you confirm that you are at least 18 years of age (the age of majority in India) or have obtained parental/guardian consent to use the Services.

Minor Usage

If you allow a minor to use the Services on a device you own or control, you are fully responsible for their activity and compliance with these Terms.

Account Information

You may be required to provide accurate, current, and complete information, including:

  • Full name
  • Billing address
  • Shipping address
  • Phone number
  • Email address
  • Payment details

Account Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activity that occurs under your account
  • You must notify us immediately of any unauthorized use or security breach
  • Accounts may not be transferred, sold, or assigned to another person

🛍ī¸ Section 2 – Products and Information

Product Accuracy

We make every effort to accurately display:

  • Product details and specifications
  • High-quality images
  • Complete descriptions
  • Current pricing

Display Limitations

Please note:

  • Actual product colors or appearance may vary due to device settings, screen resolution, or lighting
  • We do not guarantee that the product appearance or quality will meet your expectations
  • Product images are for illustrative purposes only

Changes and Availability

  • All product descriptions, pricing, and availability are subject to change without notice
  • We reserve the right to discontinue any product at any time
  • We reserve the right to limit quantities of any product at our discretion
  • Product specifications may be updated based on manufacturer changes

đŸ“Ļ Section 3 – Orders and Acceptance

Placing Orders

Placing an order constitutes an offer to purchase. We reserve the right to accept or reject any order for any reason, including:

  • Product availability
  • Pricing errors
  • Suspected fraudulent activity
  • Geographic restrictions
  • Incomplete or inaccurate information

Order Confirmation

An order is considered accepted only after:

  1. Payment is successfully processed
  2. Order confirmation is issued via email or WhatsApp
  3. We have verified all order details

Order Modifications

  • Once an order is accepted, cancellations may not be possible
  • We reserve the right to cancel or modify any order
  • If an order is cancelled or modified by us, we will attempt to notify you using the contact details provided

Replacement Policy

All purchases are subject to our Replacement Policy:

  • We do not offer returns or refunds
  • Replacements are provided only for wrong or damaged products
  • Full unboxing video is mandatory for replacement requests
  • See our complete Replacement Policy for details

Personal Use Only

Purchases are intended for personal use only and not for:

  • Resale or commercial purposes
  • Bulk buying for distribution
  • Unauthorized business use

💰 Section 4 – Pricing and Billing

Price Changes

  • Prices are subject to change without notice
  • Prices shown may not include applicable taxes, shipping, or handling charges unless explicitly stated
  • We reserve the right to correct pricing errors at any time

Payment Authorization

By placing an order, you:

  • Agree to provide accurate billing and payment information
  • Authorize us to charge the selected payment method for:
    • Product price
    • Applicable taxes
    • Shipping and handling fees
    • Any other charges disclosed at checkout

Payment Methods

We accept the following payment methods:

  • Credit/Debit Cards
  • UPI
  • Net Banking
  • Digital Wallets
  • Other methods as displayed at checkout

Note: All payments are processed securely through Shopify and its trusted payment partners.

Billing Disputes

If you believe you have been incorrectly charged, please contact us within 7 days of the transaction.

🚚 Section 5 – Shipping and Delivery

Delivery Timelines

  • Delivery timelines are estimates only and not guaranteed
  • Actual delivery may vary based on:
    • Your location
    • Product availability
    • Courier partner operations
    • Weather or natural events
    • Government restrictions or holidays

Our Responsibility

We are not responsible for delays caused by:

  • Courier partners or logistics companies
  • Natural disasters or weather conditions
  • Government restrictions or customs clearance
  • Incorrect or incomplete shipping address provided by you
  • Circumstances beyond our control

Risk of Loss

Once the order is handed over to the shipping carrier, the risk of loss passes to you.

Shipping Address

  • Ensure your shipping address is accurate and complete
  • We are not responsible for orders delivered to incorrect addresses provided by you
  • Address changes may not be possible after order confirmation

Tracking

  • Tracking information will be provided via email or WhatsApp
  • You are responsible for monitoring your shipment
  • Contact the courier directly for delivery-related issues

Šī¸ Section 6 – Intellectual Property

Ownership

All content on this website is owned by or licensed to Divyam Fashion, including but not limited to:

  • Text and written content
  • Images and photographs
  • Graphics and illustrations
  • Logos and trademarks
  • Website design and layout
  • Videos and multimedia
  • Product descriptions
  • Code and software

Protection

All content is protected under applicable intellectual property laws, including:

  • Copyright laws
  • Trademark laws
  • Trade dress rights
  • Design rights

Permitted Use

You may use the Services for personal, non-commercial use only.

Prohibited Use

The following activities are strictly prohibited:

  • Unauthorized reproduction or copying
  • Distribution or sharing of our content
  • Commercial use without permission
  • Modification or creation of derivative works
  • Removal of copyright or trademark notices
  • Use of our brand name or logo without consent

Enforcement

We will take legal action against unauthorized use of our intellectual property.

🔧 Section 7 – Optional Third-Party Tools

Third-Party Services

We may provide access to third-party tools that we do not control or monitor, including:

  • Payment gateways
  • Shipping calculators
  • Analytics tools
  • Social media integrations
  • Marketing platforms

No Warranty

These tools are provided "as is" without warranties of any kind, including:

  • Accuracy or reliability
  • Fitness for a particular purpose
  • Security or data protection
  • Continuous availability

Your Risk

Use of third-party tools is at your own risk and subject to:

  • The terms and conditions of the respective providers
  • The privacy policies of those providers
  • Any applicable laws

No Liability

We are not responsible for any issues arising from third-party tools.

🌐 Section 8 – Third-Party Links

External Links

Our Services may contain links to third-party websites, including:

  • Social media platforms
  • Partner websites
  • Review sites
  • Blog posts or articles
  • Payment processors

No Responsibility

We are not responsible for:

  • Content accuracy or quality
  • Privacy practices or policies
  • Security of third-party sites
  • Products or services offered by third parties

Your Risk

Accessing third-party sites is at your own risk. We encourage you to review their terms and privacy policies before providing any personal information.

🛒 Section 9 – Relationship with Shopify

Platform Provider

Divyam Fashion is powered by Shopify Inc.; however:

  • All purchases are made directly with Divyam Fashion
  • We are responsible for all aspects of your purchase
  • Shopify provides the technical infrastructure only

Shopify's Role

Shopify is not responsible for:

  • Product quality or descriptions
  • Order fulfillment or shipping
  • Customer service or support
  • Refunds or replacements
  • Any disputes between you and Divyam Fashion

Release of Claims

By using our Services, you release Shopify and its affiliates from any claims arising from:

  • Your purchases from Divyam Fashion
  • Use of our Services
  • Any disputes with us

Shopify Policies

You may also be subject to Shopify's terms and policies. Learn more at: https://www.shopify.com/legal

🔒 Section 10 – Privacy Policy

Data Collection and Use

Your use of the Services is subject to our Privacy Policy, which explains:

  • What personal information we collect
  • How we use your information
  • How we share your information
  • Your privacy rights and choices
  • How we protect your data

Consent

By using our Services, you consent to:

  • The collection and use of your personal information as described in our Privacy Policy
  • Data processing by Shopify and its service providers
  • International data transfers where necessary

Privacy Policy Location

Read our full Privacy Policy at: [Link to Privacy Policy]

⭐ Section 11 – Feedback and Reviews

Submission of Content

If you submit reviews, feedback, testimonials, or suggestions ("User Content"), you:

  • Grant us a worldwide, royalty-free, perpetual, irrevocable license to:
    • Use, reproduce, and publish such content
    • Display it on our website and marketing materials
    • Modify or adapt it for any purpose
    • Use it in any medium or format

Your Responsibilities

You are responsible for ensuring that your User Content:

  • Is lawful and does not violate any laws
  • Is accurate and truthful
  • Does not infringe third-party rights (copyright, trademark, privacy, etc.)
  • Does not contain defamatory, obscene, or harmful content
  • Does not include personal information of others without consent

Moderation

We reserve the right to:

  • Monitor, edit, or remove any User Content
  • Refuse to publish reviews or feedback
  • Delete content that violates these Terms

No Compensation

You will not receive any compensation for User Content you submit.

❌ Section 12 – Errors and Omissions

Right to Correct

We reserve the right to correct errors or inaccuracies related to:

  • Pricing (typographical or system errors)
  • Product descriptions or specifications
  • Availability or stock levels
  • Images or visual representations

Order Cancellation

If a material error is discovered, we may:

  • Cancel affected orders
  • Offer you the option to reorder at the correct price
  • Issue a full refund if payment was already processed

Notification

We will make reasonable efforts to notify you of any corrections or cancellations.

No Liability

We are not liable for any losses arising from errors or omissions, except where prohibited by law.

đŸšĢ Section 13 – Prohibited Uses

You may not use the Services for:

Unlawful Activities

  • Any illegal or fraudulent purpose
  • Violating any local, national, or international law
  • Infringing on intellectual property rights

Security Violations

  • Transmitting viruses, malware, or malicious code
  • Attempting to gain unauthorized access to our systems
  • Interfering with website security or functionality
  • Reverse engineering or decompiling our software

Harassment and Abuse

  • Harassing, threatening, or abusing other users or our staff
  • Posting offensive, defamatory, or discriminatory content
  • Impersonating another person or entity

Commercial Misuse

  • Scraping or data mining our website
  • Using automated systems or bots without permission
  • Reselling products for commercial gain without authorization

Consequences

Violation of these Terms may result in:

  • Immediate suspension or termination of access
  • Cancellation of orders without refund
  • Legal action where appropriate

⚠ī¸ Section 14 – Termination

Our Right to Terminate

We may terminate or suspend your access to the Services at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent or suspicious activity
  • Abusive behavior toward our staff
  • Any other reason at our sole discretion

Effect of Termination

Upon termination:

  • Your right to use the Services immediately ceases
  • Outstanding orders may be cancelled
  • Obligations incurred prior to termination will survive
  • We are not liable for any losses resulting from termination

Survival

The following sections survive termination:

  • Intellectual Property
  • Limitation of Liability
  • Indemnification
  • Governing Law

⚖ī¸ Section 15 – Disclaimer of Warranties

"AS IS" Basis

All Services and products are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including but not limited to:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or reliability
  • Continuous or error-free operation

No Guarantee

We do not guarantee that:

  • The Services will meet your requirements
  • Products will match your expectations
  • The website will be uninterrupted or secure
  • Errors will be corrected

Exceptions

Some jurisdictions do not allow disclaimer of implied warranties, so the above may not apply to you.

đŸ’ŧ Section 16 – Limitation of Liability

Maximum Liability

To the maximum extent permitted by law, Divyam Fashion shall not be liable for:

  • Indirect damages: Lost profits, revenue, data, or business opportunities
  • Incidental damages: Costs of substitute goods or services
  • Special damages: Unique or extraordinary losses
  • Consequential damages: Damages resulting from use or inability to use the Services

Total Liability Cap

Our total liability for any claim shall not exceed the amount you paid for the product or service giving rise to the claim.

Exceptions

Nothing in these Terms excludes or limits liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded by law

🛡ī¸ Section 17 – Indemnification

Your Obligation

You agree to indemnify, defend, and hold harmless Divyam Fashion, its owners, employees, agents, and partners from any:

  • Claims, demands, or actions
  • Losses, damages, or liabilities
  • Costs and expenses (including legal fees)

Arising From

Your indemnification obligation arises from:

  • Breach of these Terms
  • Violation of any law or regulation
  • Infringement of third-party rights
  • Misuse of the Services
  • User Content you submit

Defense

We reserve the right to assume exclusive defense and control of any matter subject to indemnification.

⚙ī¸ Section 18 – Severability

If any provision of these Terms is found to be:

  • Unenforceable by a court of law
  • Invalid under applicable law
  • Void or illegal

Then:

  • Only that specific provision will be deemed unenforceable
  • The remaining provisions shall remain valid and enforceable
  • The unenforceable provision will be modified to the minimum extent necessary to make it enforceable

📄 Section 19 – Entire Agreement

These Terms, together with:

  • Our Privacy Policy
  • Replacement Policy
  • Any other referenced policies

Constitute the entire agreement between you and Divyam Fashion regarding use of the Services and supersede all prior:

  • Agreements or understandings
  • Representations or warranties
  • Oral or written communications

🔄 Section 20 – Assignment

Your Rights

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

Our Rights

We may assign or transfer our rights and obligations under these Terms:

  • Without restriction
  • Without your consent
  • To any successor, affiliate, or third party
  • In connection with a merger, acquisition, or sale of assets

🇮đŸ‡ŗ Section 21 – Governing Law and Jurisdiction

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Exclusive Jurisdiction

Any disputes arising from these Terms or use of the Services shall be subject to the exclusive jurisdiction of the courts located in:

Surat, Gujarat, India

Waiver of Other Venues

By using our Services, you:

  • Consent to the jurisdiction and venue of courts in Surat, Gujarat
  • Waive any objection to venue or inconvenient forum
  • Agree not to bring claims in any other jurisdiction

🔔 Section 22 – Changes to Terms

Right to Modify

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion.

Notification

When we make changes:

  • The "Last Updated" date will be revised
  • Material changes may be highlighted on our website
  • We may notify you via email or prominent notice

Your Acceptance

Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

Review Responsibility

It is your responsibility to review these Terms periodically for changes.

📞 Section 23 – Contact Information

For questions, concerns, or inquiries regarding these Terms of Service, please contact us:

Divyam Fashion

📧 Email: divyamfashion7306@gmail.com
📱 WhatsApp: +91 886 628 0553
📞 Phone: +91 886 628 0553

📍 Mailing Address:
Divyam Fashion
Savlia Circle, Yoginagar Society
Surat, Gujarat – 395011
India

🕒 Business Hours: Monday to Saturday, 10:00 AM - 7:00 PM IST

✅ Acknowledgment

By using our Services, placing an order, or creating an account, you acknowledge that:

✅ You have read and understood these Terms of Service
✅ You agree to be bound by these Terms
✅ You consent to our Privacy Policy
✅ You understand our Replacement Policy
✅ You are legally capable of entering into binding contracts

Thank you for choosing Divyam Fashion!