Welcome to Diamerry.com. Retro creations provide access to the Diamerry.com website (the “website”) to you subject to the conditions set out on this page. Please read these conditions carefully before using the Diamerry.com website. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. By using the Diamerry.com website, you signify your agreement to be bound by these conditions.
Ownership of Rights:
Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Diamerry. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by Healthi Perks or its affiliates/licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
Accuracy of Content and Invitation to Offer:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this 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 balance order. No act or omission of Diamerry prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, 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.
User hereby agree to be bound by these Terms & Conditions; Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure
User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of Diamerry and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
Diamerry strives to provide best prices possible on products and services to users buying or availing from the Website. However, does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the website;
The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
Diamerry 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 website accordingly;
A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Diamerry;
All products sold on Diamerry.com through our sellers are genuine. All sellers listing their products are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers. However this guarantee is not applicable for manufacturing defects.
In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms and Conditions Policy, be governed by the Terms and Conditions of the said bank/card issuer;
Diamerry may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Diamerry’s decision of cancellation of order shall be final and shall not be liable for such cancellation(s) whatsoever;
Expected delivery time as mentioned on website may vary than the usual time of delivery;
Cancellation by the User: In case of requests for order cancellations, Diamerry, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Diamerry receives a cancellation notice and the order has not been processed (dispatched) by Seller, Diamerry shall cancel the order and refund for the entire amount to User will be done within a reasonable period of time;
Diamerry will not be able to cancel orders that have already been processed (dispatched). User hereby agree and undertakes that the decision taken by the Diamerry is acceptable to User and User shall not create any dispute on the decision taken by Diamerry on cancellation;
Diamerry reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Diamerry as per certain criteria. The Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
1. Products ordered are not for self-consumption but for commercial resale;
2. Multiple orders placed for same product at the same address;
3. Bulk quantity of the same product ordered;
4. Any malpractice used to place the order.
Limitation of Liability: Under no circumstances Diamerry’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Kerala (India) only.
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer/network systems.
Interfering with any other person’s use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the website or its content;
transmitting any information (including job posts, messages and hyperlinks) on or through the website that is disruptive or competitive to the provision of services by us;
intentionally submitting on the website any incomplete, false or inaccurate information;
making any unsolicited communications to other users of the website;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the website;
copying or duplicating in any manner any of the content on the website or other information available from the website;
framing or hotlinking or deeplinking any content on the website.
We reserve the right, at our sole discretion, to limit the quantity 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 any one as we may deem fit.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. 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. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 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 the same shall be debited to your credit /debit card account 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 dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit /debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Kerala. All disputes will be subject to arbitration in Kerala in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.
You agree to defend, indemnify and hold harmless Diamerry, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Diamerry or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Eligibility to use:
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Diamerry reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Diamerry’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorised by the business entity to accept the Terms & Conditions and you have the authority to bind the business entity to the Terms & Conditions.
Refusal of service:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
We may also send you other information about us, the Site, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you.
You agree, understand and confirm that the credit /debit card details or other financial details provided by you for availing of services on the website will be correct and accurate and you shall not use the credit/debit card or financial facility which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit /debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark:
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Diamerry or its affiliates or its content suppliers and protected by Indian copyright laws. All software used on this Site is the property of Diamerry, its affiliates or its software suppliers and protected by Indian copyright laws. The Diamerry logo, and other marks indicated on our Site are trademarks of Diamerry or its affiliates. Other Diamerry graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Diamerry or its affiliates. Diamerry and its affiliates’ trademarks and trade dress may not be used in connection with any product or service that is not Diamerry or its affiliates’ as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Diamerry or its affiliates. All other trademarks not owned by Diamerry or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Diamerry or its affiliates.
You understand that by using this website or any services provided on the website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website, provided that you discontinue any further use of this website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny your access to the website. Such termination will be without any liability to Diamerry. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.s
Limitation of Liability and Disclaimers:
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Diamerry, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
The Images contained in this website is for general information purposes only. The said images have been sourced through the various open sources available in general on the world wide web (w.w.w.). We endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the images or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
License and site access Retro creations grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Retro creations and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Retro creations and/or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Retro creations or its affiliates without their express written consent. You may not use any meta tags or any other “hidden text” utilizing Retro creations’s or its affiliates name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by Retro creations and/or its affiliates. You are granted a limited, non-assignable, revocable, and non-exclusive right to create a hyperlink to the home page of Diamerry so long as the link does not portray Retro creations, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Retro creations or its affiliates as part of the link without their express written permission.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
The information contained in the website is thoughtfully and carefully placed but is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the website for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (unless seller personally has it approved by the Food and Drug Administration). You should read carefully all product packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.
Please reach out to us on firstname.lastname@example.org