M/s. Dynafit Last Updated: [Insert Date]
1. Introduction
These Terms and Conditions (“Terms“) govern your access to and use of the website [insert website URL] (the “Website“), owned and operated by M/s. Dynafit, a partnership firm registered under applicable Indian law, having its registered office at [Insert Address], and holding GST Registration Number [Insert GSTIN] (“Dynafit“, “we“, “us“, “our“).
By accessing or using the Website, browsing our products, creating an account, or placing an order, you (“you“, “your“, “user“, “customer“) agree to be bound by these Terms, along with our Privacy Policy and Return & Refund Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Website.
2. Eligibility
The Website and its services are intended for use by persons who are competent to enter into a valid contract under the Indian Contract Act, 1872. If you use the Website on behalf of a minor or a person lacking contractual capacity, you represent that you are authorized to do so and accept responsibility for such use.
3. Account Registration
3.1 You are required to create an account on the Website in order to place an order. Guest checkout, without registration, is not available.
3.2 When creating an account, you agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3 Dynafit reserves the right to suspend or terminate any account found to be fraudulent, inactive, or in violation of these Terms.
4. Products and Product Descriptions
4.1 We make reasonable efforts to display accurate colours, sizes, fabric details, and images of our t-shirts and other products on the Website. However, actual product appearance may vary slightly due to screen settings, lighting, and photography, and such minor variations shall not constitute a defect.
4.2 All products are subject to availability. We reserve the right to discontinue any product, limit quantities, or modify product specifications at any time without prior notice.
5. Pricing and Payment
5.1 All prices displayed on the Website are in Indian Rupees (INR) and are inclusive of applicable GST, unless stated otherwise.
5.2 We accept payments via credit card, debit card, UPI, net banking, digital wallets, and Cash on Delivery (COD), where available, processed through secure third-party payment gateways. Dynafit does not store your complete card or banking credentials.
5.3 We reserve the right to change prices, introduce or withdraw promotional offers, and correct pricing errors at any time. In case of a pricing error on a confirmed order, we will notify you and offer the option to proceed at the correct price or cancel the order with a full refund.
5.4 Orders are confirmed only upon successful payment authorization (for prepaid orders) or order placement confirmation (for COD orders, subject to COD eligibility checks).
5.5 Additional Cash on Delivery (COD) charges may apply to certain orders, depending on factors such as order value, delivery location, and other operational considerations. Any applicable COD charges will be disclosed at checkout prior to order confirmation.
6. Shipping and Delivery
6.1 Dynafit currently ships only within India.
6.2 Shipping charges, where applicable, will be calculated and displayed at checkout based on the shipping address provided by you, and will be added to the total order value prior to payment.
6.3 Estimated delivery timelines will be indicated at the time of checkout and are approximate. Dynafit shall not be liable for delays caused by courier partners, natural disasters, strikes, government restrictions, or other circumstances beyond our reasonable control.
6.4 Risk of loss and title to products pass to you upon delivery to the shipping address provided by you.
7. Returns, Refunds, and Cancellations
7.1 Returns, exchanges, and refunds are governed by our Return & Refund Policy, available at [insert link], which forms an integral part of these Terms.
7.2 An order may only be cancelled by the customer before it has been dispatched by Dynafit. Once an order has been dispatched, it cannot be cancelled, and the customer may instead initiate a return upon delivery in accordance with the Return & Refund Policy.
8. Intellectual Property
8.1 Ownership. All intellectual property rights in and to the Website and its content — including without limitation the “Dynafit” name, brand, logo, trademarks, trade dress, product designs, prints, patterns, artwork, photography, videos, text, graphics, software, source code, and the overall look and feel of the Website (collectively, the “IP“) — are, and shall at all times remain, the exclusive property of Dynafit or its licensors. No rights, title, or interest in any IP are transferred to you by virtue of your use of the Website or purchase of any product.
8.2 No Implied License. Nothing in these Terms grants you any license or right to use, reproduce, copy, distribute, modify, adapt, translate, publicly display, publicly perform, sell, sublicense, or create derivative works from any IP, in whole or in part, for any purpose, without the prior written consent of Dynafit. This restriction applies regardless of whether the use is commercial or non-commercial.
8.3 Restricted Uses. Without limiting the foregoing, you shall not: (a) use Dynafit’s name, logo, or trademarks in a manner likely to cause confusion as to source, sponsorship, or affiliation; (b) copy, replicate, or manufacture products bearing designs, prints, or patterns substantially similar to Dynafit’s products; (c) reverse-engineer or extract any underlying design files, artwork, or source code from the Website or products; or (d) register, or assist any third party in registering, any trademark, domain name, or design confusingly similar to Dynafit’s IP.
8.4 Enforcement. Dynafit strictly enforces its intellectual property rights and reserves the right to take all available legal action, including civil and criminal proceedings, injunctive relief, and claims for damages, against any person or entity found to be infringing, misappropriating, or unlawfully using its IP, without further notice.
8.5 Third-Party Marks. All other trademarks, product names, and company names appearing on the Website, if any, belong to their respective owners and are used solely for identification purposes.
9. User Conduct
You agree not to:
- Use the Website for any unlawful purpose or in violation of these Terms;
- Upload or transmit any content that is defamatory, obscene, infringing, or harmful;
- Attempt to gain unauthorized access to the Website, its servers, or any connected systems;
- Use any automated means (bots, scrapers) to access or extract data from the Website without our written permission;
- Engage in fraudulent transactions, including placing orders with stolen payment information.
We reserve the right to restrict or terminate access to the Website for any user found in violation of this Section.
10. Customer Reviews and Marketing
10.1 Reviews and Ratings. You may submit product reviews, ratings, photographs, or comments (“Review Content“) on the Website. Review Content must be honest, based on your genuine experience with the product, and must not contain defamatory, obscene, abusive, misleading, or unlawful material, or infringe any third party’s rights.
10.2 License to Use Review Content. By submitting Review Content, you grant Dynafit a non-exclusive, royalty-free, worldwide, perpetual, and sublicensable license to use, reproduce, edit, display, and distribute such Review Content, in whole or in part, on the Website, our social media pages, and in our marketing and promotional materials (in any medium), with attribution limited to your first name, initials, or username, at Dynafit’s discretion. You represent that you own or have the necessary rights to grant this license.
10.3 Moderation. Dynafit reserves the right, but is not obligated, to monitor, edit, refuse to post, or remove any Review Content at its sole discretion, including content that violates these Terms or is deemed inappropriate.
10.4 Marketing Communications. By creating an account or providing your contact details at checkout, you consent to receive order-related communications, and, where you have opted in, promotional and marketing communications (including emails, SMS, and WhatsApp messages) from Dynafit regarding new collections, offers, and updates.
10.5 Opt-Out. You may opt out of promotional and marketing communications at any time by using the “unsubscribe” link provided in such communications, adjusting your account preferences, or contacting us at [Insert Contact Email]. Opting out of marketing communications will not affect transactional communications relating to your orders.
10.6 Use of Customer Images. Where you tag Dynafit or use a designated brand hashtag on social media in connection with our products, you grant Dynafit a non-exclusive, royalty-free license to repost or feature such content on our Website and marketing channels, with credit to your social media handle, unless you notify us otherwise.
11. Third-Party Links and Services
The Website may contain links to third-party websites or integrate third-party services (such as payment gateways and courier partners). Dynafit is not responsible for the content, accuracy, or practices of such third parties, and your use of such services is at your own risk and subject to their respective terms.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Dynafit shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Website or products purchased therefrom. Our total liability arising out of any order shall not exceed the amount paid by you for the relevant product.
Nothing in this Section shall limit any liability which cannot be excluded or limited under applicable Indian consumer protection law.
13. Indemnification
You agree to indemnify and hold harmless Dynafit, its partners, employees, and affiliates from any claims, losses, liabilities, and expenses (including legal fees) arising out of your breach of these Terms or your misuse of the Website.
14. Force Majeure
Dynafit shall not be held responsible for any delay or failure to perform its obligations under these Terms if such delay or failure arises from causes beyond its reasonable control, including natural disasters, government action, strikes, pandemics, or disruptions to courier/logistics networks.
15. Grievance Redressal
In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000, any grievances regarding the Website or your orders may be directed to our Grievance Officer:
Name: [Insert Name] Designation: Grievance Officer M/s. Dynafit Address: [Insert Address] Email: [Insert Grievance Email] Phone: [Insert Contact Number]
16. Dispute Resolution and Arbitration
16.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms, your use of the Website, or any order placed thereunder, including any question regarding its existence, validity, or termination (“Dispute“), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiation within 30 (thirty) days of one party notifying the other in writing of the Dispute.
16.2 If the Dispute is not resolved amicably within such period, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (including any statutory modification or re-enactment thereof), before a sole arbitrator to be appointed by Dynafit.
16.3 The seat of arbitration shall be Howrah, West Bengal, India (the arbitration proceedings may, however, be conducted at a venue in Kolkata as Dynafit may designate, without affecting the seat). The language of the arbitration proceedings shall be English. The arbitral award shall be final and binding on the parties, subject to any right of appeal or challenge available under applicable law.
16.4 Nothing in this Section shall preclude either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction, nor shall it restrict any right you may have to approach a consumer forum or authority under applicable Indian consumer protection law, which shall not be affected by this arbitration clause.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Subject to Section 16 above and applicable consumer protection provisions permitting a customer to approach a forum closer to their own location, you agree that the courts at Howrah, West Bengal, India shall have exclusive supervisory jurisdiction over the arbitration proceedings and any matters not subject to arbitration.
18. Amendments
Dynafit reserves the right to modify or update these Terms at any time. Changes will be effective upon posting to the Website with an updated “Last Updated” date. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
20. Contact Us
For any questions regarding these Terms, please contact:
M/s. Dynafit Address: [Insert Registered Business Address] Email: [Insert Contact Email] Phone: [Insert Contact Number] GSTIN: [Insert GSTIN]
These Terms and Conditions are a template prepared for general informational purposes and should be reviewed by a qualified legal professional prior to publication, to ensure accuracy and compliance with all applicable laws, including the Consumer Protection (E-Commerce) Rules, 2020 and the Digital Personal Data Protection Act, 2023.