TABLE OF CONTENTS

1 KEY TERMS 2

2 SCOPE OF SERVICES 2

3 USER ELIGIBILITY 3

4 ACCOUNT REGISTRATION 3

5 VENDOR RESPONSIBILITIES 4

6 CONSUMER RESPONSIBILITIES 5

7 ORDER PLACEMENT AND ACCEPTANCE 5

8 PRICING AND PAYMENT 5

9 SHIPPING AND DELIVERY 6

10 RETURNS AND CANCELLATION 6

11 USER CONDUCT 6

12 INTELLECTUAL PROPERTY 7

13 LINKS TO THIRD PARTY WEBSITES 8

14 TERMINATION 9

15 LIMITATION OF LIABILITY 9

16 INDEMNIFICATION 9

17 PRIVACY POLICY 10

18 DISPUTE RESOLUTION 10

19 GOVERNING LAW 11

20 MODIFICATION OF TERMS AND CONDITIONS 11

21 CUSTOMER COMPLAINTS 11

22 MISCELLANEOUS 11

23 CONTACT US 13

TERMS AND CONDITIONS

LAST UPDATED ON: 03 April 2025

These Terms and Conditions (the “Terms and Conditions”) is made and entered into by and between DAMNDEAL ENTERPRISES India (“DAMNDEAL ENTERPRISES”, “we”, “us”, or “our”), a corporation organised and existing under the laws of India, with its head office located at 142/6 Chhotti Baradari, Patiala, Punjab, India 147001, and any person including the Consumers and the Vendors (“User”, “your” or “you”) who accesses and uses the website www.damndeal.in (the “Website”), and by clicking a button or checking a box marked ‘I Agree’ has agreed to all the Terms and Conditions.

You are required to read and accept these Terms and Conditions before you may use the Website. By visiting, accessing and/or using the Website, we understand that you have fully read, understood, and accepted these Terms and Conditions. In addition, when you use any current or future version of the Website or avail any of the services or click the "I Agree" button on the Website, it will constitute a symbol of your signature. You hereby acknowledge and admit that you have read, understood, and accepted to be bound by these Terms and Conditions, as may be modified by DAMNDEAL ENTERPRISES from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Website.

1. KEY TERMS

   In these Terms and Conditions, (i) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms have the meanings assigned to them herein below:

   1. “Account” means the account that the Users are required to create on the Website to use our services;

   2. "Consumer" means any individual who accesses or uses the Website for personal purchases;

   3. “Party” and “Parties” means DAMNDEAL ENTERPRISES and the User individually and collectively respectively;

   4. "Product" means any tangible good listed for sale on the Website by a Vendor; and

   5. "Vendor" means any registered business entity or individual seller authorized to list, sell, and fulfil orders for Products on the Website.

2. SCOPE OF SERVICES

   1. DAMNDEAL ENTERPRISES is an e-commerce platform that connects Consumers and Vendors to purchase and sell Products.

   2. DAMNDEAL ENTERPRISES merely provides a platform for the Users to make use of its services. All transactions shall be the responsibility of the Users only. These Terms and Conditions shall not be deemed to create any partnership, joint venture, or other joint business relationship between DAMNDEAL ENTERPRISES and its Users.

   3. To the extent you access the Website through any device, your wireless service carrier's standard charges, data rates and other fees may apply. By using the Website, you agree that we may communicate with you regarding our services by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Website by push notifications, reminders, and alerts for the purpose of providing our services.

3. USER ELIGIBILITY

   1. Consumers. If you access our Website as a Consumer, you must be at least eighteen (18) years old or have the consent of a parent or guardian to use our services.

   2. Vendors. If you access our Website as a Vendor, you must be a legally registered business entity in India with the authority to sell the Products you list on our Website.

4. ACCOUNT REGISTRATION

   1. The Website is freely accessible to the Users, however, to place orders as a Consumer or list Products as a Vendor, you will have to register with us and create an Account prior to availing the services.

   2. If you register as a Vendor on the Website, you expressly represent and warrant that:

      1. you have the full legal authority to bind the business entity you represent to these Terms and Conditions, which shall constitute a valid and enforceable agreement** against such entity;

      2. the address provided during Account registration is the legally recognized principal place of business** of the entity, and any changes must be promptly updated on the Website; and

      3. All information submitted, including but not limited to business registration details, GSTIN, contact information, and banking/payment details, is true, accurate, current, and complete.

   3. To place orders as a Consumer, you may need to register for an Account by providing accurate, current, and complete information, including your name, contact details, and shipping address. You are responsible for maintaining the confidentiality of your Account credentials and all activities under your Account, and must promptly update any changes to your information.

   4. By creating an Account, you consent to the inclusion of your personal data in our online database and authorize DAMNDEAL ENTERPRISES to share such information with the Consumers and the Vendors wherever necessary.

   5. DAMNDEAL ENTERPRISES reserves the right to suspend or terminate Accounts with incomplete, false, or outdated details, and disclaims liability for any losses arising from your failure to comply with these requirements or from unauthorized account access.

5. VENDOR RESPONSIBILITIES

The Vendors on the Website are required to maintain the highest standards of business conduct. By registering as a Vendor on the Website, you agree to adhere to the following obligations:

1. Product Listings and Accuracy. The Vendors shall ensure that all Product listings, including descriptions, images, prices, and specifications, are accurate, complete, and not misleading. Any discounts, warranties, or promotional offers must be clearly disclosed. The Vendors must promptly update product availability to prevent overselling.

2. Legal and Regulatory Compliance. The Vendors shall comply with all applicable Indian laws, including but not limited to: (i) Consumer Protection Act, 2019; (ii) Intellectual Property Laws; and (iii) GST & Tax Regulations. The Vendors must obtain all necessary licenses and certifications for restricted products, including but not limited to electronics and cosmetics.

3. Order Fulfillment and Shipping. The Vendors are solely responsible for:

   1. processing orders within [NUMBER OF DAYS] business days of confirmation;

   2. ensuring proper packaging and timely shipment with valid tracking details; and

   3. meeting DAMNDEAL ENTERPRISES’s specified delivery timelines and notifying the Consumers of delays.

4. Customer Service.  All customer inquiries received through the Website must be responded to within twenty-four (24) hours during business days. The Vendors shall handle all after-sales services, including but not limited to returns, replacements, and refunds, in accordance with our Return and Cancellation Policy. The Vendors are prohibited from contacting customers outside the Website’s official communication channels or attempting to redirect transactions off the Website. Repeated customer complaints or poor service ratings may result in temporary suspension or permanent termination of the Vendor account.

5. Prohibited Behaviour. The Vendors shall not engage in any fraudulent, deceptive, or manipulative practices including but not limited to fake reviews, bait-and-switch tactics, or false advertising. The sale of counterfeit goods, illegal products, or items prohibited by law is strictly forbidden. The Vendors must not attempt to circumvent DAMNDEAL ENTERPRISES’s fee structure or payment systems. Any attempt to collect sensitive customer information outside the Website’s secure payment gateway will be considered a material breach of these Terms and Conditions.

6. CONSUMER RESPONSIBILITIES

   1. Order Accuracy. By placing an order, you confirm that all provided shipping details, including address, contact number, and delivery instructions, are complete and accurate. You acknowledge that incorrect or incomplete information may result in delivery failures, additional charges, or order cancellation. It is your responsibility to ensure sufficient funds are available in your chosen payment method at the time of purchase. DAMNDEAL ENTERPRISES shall not be liable for orders delayed or cancelled due to invalid payment methods or insufficient funds.

   2. Product Use. You agree to use purchased Products strictly in accordance with the manufacturer's instructions and safety guidelines, without violating any applicable laws or regulations, and for personal purposes only, unless explicitly authorized for resale.

7. ORDER PLACEMENT AND ACCEPTANCE

   1. Order Process. The Consumers may place orders by:

      1. selecting Products and adding them to their cart;

      2. completing the checkout process by providing accurate shipping and payment details; and

      3. reviewing and confirming the order before final submission.

When a Consumer successfully places an order, the concerned Vendor will receive an automated notification of the new order via the Website.

1. Order Confirmation. The Consumers will receive an order confirmation email/SMS containing a detailed summary of the purchased Products, the total order value including taxes and shipping fees; the confirmed shipping address; and the estimated delivery timeline.

2. PRICING AND PAYMENT

   1. Payments may be made by debit card, credit card, net banking, mobile wallets, Unified Payments Interface (UPI) or any other payment method as may be made available by DAMNDEAL ENTERPRISES from time to time.

   2. If you wish to pay with a debit or credit card, your preferred debit or credit card will be authorised and the corresponding amount will be debited with respect to your order. By selecting payment by debit or credit card, you hereby expressly consent to, authorize, and instruct DAMNDEAL ENTERPRISES to charge the debit or credit card provided by you.

   3. We use secure payment gateways to process transactions, ensuring your payment information is protected. While we implement rigorous fraud monitoring systems, the Consumers must safeguard their account credentials and promptly report any unauthorized transactions within twenty-four (24) hours. 

   4. All displayed prices are listed in Indian Rupees (INR) and are inclusive of applicable taxes. These prices are subject to change without notice.

3. SHIPPING AND DELIVERY

   1. We currently provide shipping services across India. Notwithstanding the foregoing, delivery to remote areas or certain pin codes may be subject to extended timelines or additional charges and restrictions.

   2. Estimated delivery dates are provided during checkout and confirmed in your order summary. These timelines are indicative and may vary due to courier partner operations, location accessibility, weather conditions, or unforeseen logistical challenges.

   3. Delivery charges are automatically calculated based on the delivery pin code and order value. Free shipping may be offered on qualifying orders exceeding a certain value as mentioned on the Website.

4. RETURNS AND CANCELLATION

Please refer to our Cancellation and Refund Policy for detailed information on cancellations, returns and refunds.

1. USER CONDUCT

All Users must:

1. provide accurate, current, and complete information during Account registration;

2. maintain the security of your Account;

3. comply with all applicable Indian laws;

4. not engage in any illegal, fraudulent, or harmful activities;

5. not engage in spamming, phishing, or malware distribution; and

6. not infringe the intellectual property rights of any third parties.

7. INTELLECTUAL PROPERTY

   1. DAMNDEAL ENTERPRISES is the sole owner and/or lawful licensee of all the rights to the Website’s intellectual property. The Website’s intellectual property shall mean, but not limited to, its design, layout, text, images, graphics, sound, video etc. The Website’s content embodies trade secrets and intellectual property rights protected under copyright, trademark and other laws of India.

   2. All rights not otherwise claimed under these Terms and Conditions or by DAMNDEAL ENTERPRISES, are hereby reserved. The information provided on the Website is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. DAMNDEAL ENTERPRISES does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded, or accessed from the Website or otherwise, the quality of any service, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in connection with the Website and/or the services.

   3. While we do our best to provide our Users with the best and most reliable information, we accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users. In no event shall DAMNDEAL ENTERPRISES be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to its Website, and/or its content. The Users of the Website must hereby acknowledge that any reliance upon any content shall be at their sole risk.

   4. DAMNDEAL ENTERPRISES reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website or its content.

   5. DAMNDEAL ENTERPRISES is not an expert in your intellectual property rights, and we cannot verify that the Users of our Website or otherwise - who post numerous Product listings on the Website or otherwise - have the right to do so under all applicable laws. We will appreciate your assistance in identifying Product listings which may not appear on their face to infringe your rights but which you believe are infringing your rights. DAMNDEAL ENTERPRISES is also not an arbiter or judge of disputes about intellectual property rights. By taking down a Product listing, as a prudential matter, DAMNDEAL ENTERPRISES is not endorsing a claim of infringement. Neither, in those instances in which DAMNDEAL ENTERPRISES declines to take down a Product listing, is DAMNDEAL ENTERPRISES determining that the Product listing is not infringing, nor is DAMNDEAL ENTERPRISES endorsing those acts or services.

   6. DAMNDEAL ENTERPRISES respects the intellectual property rights of others, and we expect our Users to do the same. The Users agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases, or Product listings available on or through the Website for the purpose of re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with DAMNDEAL ENTERPRISES, or otherwise commercially exploiting the Website’s content. Systematic retrieval of content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through automatic devices or manual processes) without written permission from DAMNDEAL ENTERPRISES is prohibited and all consequences arising out of your actions will be your sole responsibility.

   7. In addition, use of our Website content for any purpose not expressly permitted in these Terms and Conditions is prohibited and may invite legal action. As a condition of your access to and use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. DAMNDEAL ENTERPRISES reserves the right to terminate the Account of a User upon any infringement of the rights of others in conjunction with use of the Website, or if DAMNDEAL ENTERPRISES believes that your conduct is harmful to the interests of DAMNDEAL ENTERPRISES, its affiliates, or other users, or for any other reason in DAMNDEAL ENTERPRISES’s sole discretion, with or without cause.

8. LINKS TO THIRD PARTY WEBSITES

   1. Links to third-party websites may be provided by DAMNDEAL ENTERPRISES as a convenience to the User; DAMNDEAL ENTERPRISES does not have any control over such websites, i.e., content and resources provided by such third-party websites.

   2. DAMNDEAL ENTERPRISES may allow the Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third-party services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. DAMNDEAL ENTERPRISES has no control over such third-party website, does not monitor such websites, and shall not be responsible or liable to anyone for such third party website, or any content, products or services made available on such a website.

9. TERMINATION

   1. DAMNDEAL ENTERPRISES may terminate your use of the Website and deny access to the Website services in DAMNDEAL ENTERPRISES’s sole discretion for any reason or no reason, including: (i) the User’s violation of the Terms and Conditions; (ii) the User’s lack of use of the Website and/or its services.

   2. The User agrees that any termination of the User’s access to the Website may be effected without prior notice and acknowledges and agrees that DAMNDEAL ENTERPRISES may immediately deactivate or delete the account and all related information and/or bar any further access to the User’s Account. The User further agrees that DAMNDEAL ENTERPRISES shall not be liable to the User or any third party for the discontinuation or termination of the User’s access to the Website.

10. LIMITATION OF LIABILITY

    1. Notwithstanding any other provision contained herein, the aggregate liability of DAMNDEAL ENTERPRISES, its directors, officers, employees and agents to any User for any claims arising out of or relating to these Terms and Conditions or the use of the Website shall be strictly limited to the total transaction value of the relevant order. Under no circumstances shall DAMNDEAL ENTERPRISES be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any nature whatsoever, including but not limited to loss of profits, revenue, data, goodwill or other intangible losses, even if advised of the possibility of such damages. This limitation applies to all causes of action whether based in contract, warranty, tort, strict liability or any other legal theory, except where such limitation is prohibited by applicable law.

    2. DAMNDEAL ENTERPRISES expressly disclaims any and all liability for the acts, omissions and conduct of any third parties, including but not limited to: (i) Vendors regarding the quality, safety, or legality of listed Products; (ii) payment processors and banking institutions concerning transaction processing; and (iii) logistics providers in relation to delivery services. The Users acknowledge that DAMNDEAL ENTERPRISES functions solely as an intermediary platform facilitating transactions and that any recourse for defective Products, delivery failures or payment issues must be sought directly from the relevant third-party service provider, subject to the dispute resolution mechanisms available under applicable consumer protection laws. Nothing in this clause shall be construed as limiting any statutory rights available to consumers under the Consumer Protection Act, 2019 that cannot be contractually excluded.

11. INDEMNIFICATION

    1. The User agrees to indemnify, hold harmless and defend DAMNDEAL ENTERPRISES, its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with: (i) the User’s content; (ii) the User’s unauthorized use of the Website; (iii) the User’s violation of any third party rights; (iv) the User’s breach of these Terms and Conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.

    2. DAMNDEAL ENTERPRISES retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action that are brought against DAMNDEAL ENTERPRISES. DAMNDEAL ENTERPRISES reserves the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify DAMNDEAL ENTERPRISES and the User agrees to cooperate with DAMNDEAL ENTERPRISES’s defence of these claims. DAMNDEAL ENTERPRISES will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.

    3. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.

12. PRIVACY POLICY

Your use of the Website is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Website, you acknowledge and accept the processing of your personal data by DAMNDEAL ENTERPRISES in accordance with applicable data protection laws, regulations, and the provisions of the Privacy Policy.

1. DISPUTE RESOLUTION

   1. All disputes arising out of or in relation to these Terms and Conditions, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.

   2. The venue/seat of arbitration shall be Punjab, India and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties.

2. GOVERNING LAW

These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India. Any dispute that may arise between the Parties pertaining to the implementation or interpretation of these Terms and Conditions shall be amicably settled, failing which the courts in Punjab, India shall have the exclusive authority to settle the same.

1. MODIFICATION OF TERMS AND CONDITIONS

DAMNDEAL ENTERPRISES reserves the right, at its sole discretion, to modify the Website, its services, or to modify these Terms and Conditions anytime and without prior notice. If we modify these Terms and Conditions, we will post the modification on our Website or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms and Conditions. By continuing to access or use our Website after we have posted a modification on our Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using our Website.

1. CUSTOMER COMPLAINTS

DAMNDEAL ENTERPRISES takes complaints of its Users seriously. Any complaint raised against any Vendor via the Website will be duly noted and measures will be taken to understand the basis of the issue. If the Vendor is found to be in conflict with these Terms and Conditions leading to the complaint, strict action will be taken against the Vendor which may result in, among other things, the suspension or termination of the Vendor’s Account.

1. MISCELLANEOUS

   1. Notices to Users. Reports, statements, notices, and any other communications may be transmitted by DAMNDEAL ENTERPRISES to the Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by DAMNDEAL ENTERPRISES to the User to the email address specified in the User’s Account.

   2. Successors and Assigns. These Terms and Conditions shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.

   3. Relationship Between Parties. Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.

   4. Force Majeure. DAMNDEAL ENTERPRISES shall not be liable for any failure or delay in performance of these Terms and Conditions, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of god, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.

   5. Electronic Signatures/Counterparts. These Terms and Conditions may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of these Terms and Conditions, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.

   6. Entire Agreement. These Terms and Conditions along with other documents as and when updated on the Website, shall constitute the entire agreement between the Parties relating to the subject matter contained in these Terms and Conditions and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.

   7. Severability. Any provision of These Terms and Conditions will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of These Terms and Conditions is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but These Terms and Conditions will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

   8. Survivability. All clauses that logically ought to survive the termination of These Terms and Conditions shall survive.

   9. Headings. Headings used in these Terms and Conditions are provided for convenience only and shall not be used to construe meaning or intent.

   10. Feedback. You may, at your sole discretion, choose to submit comments, inputs, suggestions, ideas, or other feedback about the Website, including but not limited to regarding the possible creation, modification, correction, improvement, or enhancement of the Website (the “Feedback”). By submitting any Feedback, you acknowledge and accept that we are free to use such Feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.

   11. Affirmation of Parties. The Users affirm that they have entered into these Terms and Conditions freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in these Terms and Conditions and have read and understood the terms and conditions contained in these Terms and Conditions.

   12. Gender and Plurals. Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms and Conditions and not to any provision or section.

2. CONTACT US

For any questions regarding these Terms and Conditions, please contact us:

DAMNDEAL INDIA PRIVATE LIMITED
GST: 03AALCD6016H1ZW

Email: info@damndeal.in
Phone: +91-76968-27211

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.