Store Policy
PRIVACY POLICY:
Disclaimer: The Company can modify this Policy unilaterally at any time without notice. Modification may be necessary, among other reasons, to maintain compliance with applicable laws and regulations or accommodate organizational changes within the Company. Please keep visiting this page regularly to take notice of any changes we make. If you do not agree with any part of this Policy, please stop using our Platform immediately.
The website – www.dusoleilco.com ("Website/ Platform"), is made available by DU SOLEIL CO. (“Company” or “DU SOLEIL CO.” or “we”). DU SOLEIL CO. has created this privacy policy (“Privacy Policy” or “Policy”) to demonstrate our firm commitment to protecting the information you submit while using our Platform. The manner in which this information is collected, retained, shared, stored, and processed by us is addressed in this Policy.
This Policy, incorporates, and includes our Terms of Service (“Terms”). Words and phrases not defined in this Policy shall mean the same as provided in the Terms.
By using the Website (or even just browsing the Website), you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy.
What kind of personal information do we collect from you and when is it collected?
Information shared during registration and account creation: In order to avail the Products and Offers, you will be required to register as a user using your phone number. However, for ordering Products you will be required to provide your name, phone number, email ID, address and pin code.
Information from visitors and for participation: Visitors to our Platform may choose to submit their name, email address and/or other information to learn more about our Products, Offers, to take part in a Company sponsored event, or to participate in a survey among other things.
Financial and KYC Information: Your information including credit/debit card number, UPI ID, billing address, payment instrument details, etc may be collected by Razorpay’s secure online payment system. Credit card information collected on the Platform is stored on Razorpay’s secure sites and are available to us for up to 30 days. Such information is governed by Razorpay’s privacy policy.
Feedback Data and Other Data: This includes:
If you call our customer service, we may record information provided by you to service you or record the calls for quality and training purposes.
Data you input when you participate in our loyalty programs or use any discount codes offered by us.
If you provide any feedback or comments to us on the Platform.
Information about other people: You may order Products or avail Offers for a person other than you (such as a gift) by providing their names, mobile numbers, email IDs and addresses. We rely on you to obtain the intended recipient's consent to our use of their personal information for these limited purposes.
Usage data: We collect data about how you interact with our Website. This includes data such as interaction patterns (such as screen actions, gestures: taps, scrolls) access dates and times, pages viewed and type of browser.
Device data: We collect data about the devices used to access our Platform, including the device IP address, unique device identifiers, serial numbers, and mobile network data.
Data collected through cookies: In simple terms, “cookies” are data collectors on websites. Cookies usually collect information regarding user settings such as language and special preferences. They also collect other miscellaneous information such as the time you spend on our Platform. Information collected through cookies is used to analyze how you interact with our website, how well you respond to marketing promotions, and to make your shopping experience safer. You are free to disable our cookies on your browser, but that may prevent you from accessing all the features of our Platform. Disabling our cookies may also require you to re-enter your account (in the event you have one) password over and over.
Information collected through advertisements: Our Platform may use third party advertising companies to serve ads when you visit our Platform. The data regarding the way you interact with these ads is also collected, analyzed and stored by us. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Policy does not cover the use of cookies by any such advertisers.
How do we use your information?
Your personal information may be used for Company’s legitimate business interests in connection with your use of the Platform, including your registration, confirmation of your order, your delivery information, response to user inquiries and fulfill user requests, completion of transactions, providing customer service, sending administrative information, and to personalize user experience with the Platform. We may use this information to better understand our users in general and to improve the content and functionality of the Platform. We may use information to investigate and prosecute potential breaches of Company security or license agreements.
From time to time, we may use your email address to send you information and keep you informed about the Products and Offers in which you might be interested. Your contact information may also be used to reach you regarding issues concerning your use of our Platform, including changes to this Policy.
When you provide us with personal information about other people, (for example, you may provide us with a name and address for a merchandise gift recipient), we use that information for the purposes of processing the delivery and, in some cases, to communicate with the intended recipient with information pertaining to the status of the delivery. We rely on you to obtain the intended recipient's consent to our use of their personal information for these limited purposes.
The financial and KYC information collected by Razorpay is used for facilitating payment. If they have trouble processing an order, they may contact you by e-mail.
We may occasionally contact you with our updates, newsletters, greetings, events and seminars that we hold, which we refer to as Marketing Communications. Further, we may use your personal information to respond to your inquiry or process a recruitment request application form you have consented to and completed on our Platform.
Do we share your personal information with third parties?
We do not sell the personal information of our customers to others. We also do not share such information with third party business entities for their marketing or advertising purposes, unless you explicitly allow us to do so.
In certain cases, it is necessary for us to share your information with third parties. Such third parties may be:
Third party service providers: Our business operations involve many third-party organisations and individuals in the performance of our functions.We may disclose to third party service providers certain personally identifiable information such as name, member ID, email, mobile number, address or the information we collect from your access and use of our Platform, including device information, location and network carrier. Further, these third party service providers may use cookies on our behalf and may receive information about your browsing and buying activity. This information is shared with third party service providers so that we can personalize the Platform for you, perform behavioral analytics and understand consumer patterns for the Platform. This information is further shared with the logistic companies and payment service providers for facilitating the delivery of Products and payment on the Platform.
We contract with third parties to serve ads on our behalf across the internet and sometimes on our Platform. They may collect anonymous information about your visits and your interaction with our Platform. They may also use information about your visits to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is an industry standard technology used by most major websites. No personally identifiable information is collected or used in this process.
Government/Law enforcement: Your personal information may be disclosed to governmental authorities or law enforcement in good faith that such disclosure is necessary to prevent, detect or investigate any illegal activities related to our Platform. Such disclosure may also be done in order for us to fulfill any legal obligations that may arise. Further, we may share your personal information in order to investigate, defend or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
Associated business entities: The Company may share your personal information with its affiliates and group companies for offering relevant products and offers to you. If the Company and its assets are wholly or substantially acquired by a third party in future, customer information will be one of the assets that may be transferred. This transition will take place with full disclosure of this Privacy Policy and the commitments expressed herein.
Third Party Services: The Platform may allow you to connect with other websites, products, or services that we don’t have control over (for example, if we allow you to pay through an external wallet facility then we will have to share your usage information with the facility provider). However, usage of such third-party services is subject to their privacy policies and not within our control. We recommend that you have a look at their privacy policies before agreeing to use their services.
The third parties who work on behalf of Company are subject to strict confidentiality agreements. Additionally, they are not allowed to share this information with anyone except on a need to know basis required for carrying out their functions.
How do we protect your personal information?
The Company limits access to personal information to authorized employees, associates, partners and officers. Additionally, our third-party service providers are held to stringent standards of privacy and confidentiality. We maintain physical, electronic and procedural safeguards to protect the information against loss, misuse, damage or modification and unauthorized access or disclosure. Some of the other central features of our information security program are:
The use of specialized technology such as firewalls.
Testing of the security and operability of products and services by the IT department before they are introduced to the internet, as well as ongoing scanning for publicly known vulnerabilities in the technology.
Implementing controls to identify authenticate and authorize access to various systems or sites.
Restricting use of external data devices on Company’s systems.
Providing Company’s personnel with relevant training and continually updating our security practices in light of new risks and developments in technology.
However, we cannot guarantee the privacy of personal information you transmit over the web or that may not be securely transmitted.
What are your rights regarding the personal information collected by us?
It is important for us that you remain in control of your personal information. If you would like us to modify, delete or withdraw consent regarding the use of any personal information collected about you, please send an email to dusoleilco@gmail.com with ‘REMOVE’ mentioned in the subject line. However, you may not be able to use our Platform at all after such deletion or withdrawal of consent.
Data retention
We shall only retain your personal information to facilitate your smooth and uninterrupted use of the Platform. We do not retain your personal information for longer than required for the purpose for which the information may be lawfully used.
Children’s privacy
Our Platform is not meant to be used by children, and we do not knowingly solicit or collect personal information from persons under the age of 18 (eighteen). If we find out that a child has given us personal information, we will take steps to delete that information and terminate the relevant user account.
Grievances
Should you have any grievances about the processing of your personal information, you may contact:
Mr. Joshi
Du Soleil Co.
Reg Office: 2, A Block Market, Poorvi Marg, Vasant Vihar, New Delhi-110057
Email: dusoleilco@gmail.com
Time: Mon - Fri (10:00 - 19:00)All email messages sent to and from the Company may be monitored with the objective of ensuring compliance with internal policies and to protect our business.
This document is an electronic record in terms of 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.
TERMS OF USE:These Terms of Service (“Agreement”) apply to the use of website – www.dusoleilco.com ("Website"),whereas the Website, the Website will be referred to as the "Platform".
For the purposes of this Agreement, wherever the context so requires "you" or "User" shall mean any person including any natural or legal person who uses the Platform or buys any product of DGPL using any computer system or other device including but not limited to any mobile device, handheld device and tablet and “DSC” or “we” shall mean DU SOLEIL CO.
ACCEPTANCE:
DSC encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform and / or the purchase of Products (defined below). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with DSC for other products or services. In the event of any conflict between the terms of this Agreement and any other agreement executed with you, the terms of such other agreement shall prevail in relation to the subject matter thereof.
If you do not agree with this Agreement (including any policies or guidelines referred to herein), please immediately terminate your use of the Platform. If you would like to print this Agreement, please click the print button on your browser toolbar.
ELIGIBILITY:
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms and conditions set forth in this Agreement.
DSC reserves the right to terminate your membership and/or refuse access to the Platform, if you are below eighteen (18) years of age or otherwise incompetent to contract as per applicable law.
TERMS OF USE:
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform, subject to the terms of this Agreement. You agree that you will not violate any laws in connection with your use of the Platform or interfere with or try to disrupt the Platform.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on the Platform including the brand name – Du Soleil Co. (collectively, “Content”) are owned by DSC or procured form the open web. You are expressly prohibited from using any Content without the express written consent of DSC. Except as otherwise stated in this Agreement, none of the Content may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of DSC, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on the Platform solely for your personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without DSC’s express written permission, 'mirror' any material contained on the Platform or any other server. Any permission granted under this Agreement terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed Content.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Platform that —
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilia, libelous, 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;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You agree not to collect information of other users from the Platform or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
ANY USE OF THE PLATFORM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
PRODUCTS, ORDERING AND PRICING
DSC is currently delivering orders of the products listed on the Platform (“Products”) and providing various offers mentioned on the Platform (“Offers”) only at select locations in the Delhi- NCR region (“Operating Locations”). We will not be able to service orders at any place other than the Operating Locations. Any modification in the Operating Locations of DSC shall be mentioned on the Platform.
All Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed an order.
We take care to accurately display the description, colors and images of our Products but, we cannot guarantee nor take responsibility for variations in pictorial representations for the Products and color variation due to technical reasons. Prices and descriptions of the Products are subject to change at any time without notice, at our sole discretion.
We shall not be liable to you or to any third-party for any modification in price, suspension or discontinuance of the Products.
The Platform allows you to place order for Products in standard quantities and the price of each Product displayed on the Platform is also calculated on the basis of standard quantity of the Product. However, due to the nature of the Product there may be a variance between the quantity ordered and the quantity supplied.
We will only charge you for the quantity of the Product that has been supplied to you. In case the quantity of the Product supplied to you is less than the quantity of Product ordered, any excess amounts paid by you shall be refunded to you. The mode of refund shall be as determined by DSC from time to time, such as issuing credit note, or by crediting any other mobile wallet that you may use.
In case the quantity of the Product supplied to you exceeds the quantity ordered by you, any additional amount due from you will be adjusted against your next order.
The Products sold on the Platform are perishable goods. Hence, we recommend that you read the instructions written on the packaging of each Product carefully, before using such Product.
Any offers available on the Platform shall be, in addition to this Agreement, subject to the terms and conditions as may be listed on the Platform in relation to such offers.
DSC has proprietary rights and trade secrets in the Products. You shall not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by DSC.
DELIVERY, HANDLING CHARGES AND TAXES
DSC may charge such delivery and handling charges, as maybe determined by DSC from time to time along with the applicable taxes.
Although DSC strives to deliver the orders on time, there may be situations wherein the actual time taken for delivery of a Product shall vary from the delivery time mentioned at the time of ordering such Product. DSC shall keep you updated about any delays in delivering of Products.
Due to the ongoing Covid-19 pandemic, DSC has introduced the feature of contact-less delivery to safeguard the health of its customers and delivery partners. This feature is available at no extra charge.
PLATFORM
Intellectual Property and Third-Party Links
DSC is the owner of the brand DU SOLEIL CO. and the Platform and has the exclusive right, title and ownership of any and all intellectual property rights arising out of its brand and the Platform.
DSC may occasionally post links to third party websites or other services on the Platform. You agree that DSC is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from the Platform.
User Account
To access and use the Platform, you may register with us by providing the required information. You are responsible for ensuring the accuracy of this information.
You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. The billing information you provide us, including payment details, billing address and other payment information, is subject to the same accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Platform to further fraud or any unlawful activity is grounds for immediate termination of this Agreement.
By posting, storing, or transmitting any content on the Platform, you hereby grant DSC a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. DSC does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. DSC is not liable for any damage or harm resulting from any posts by or interactions between users. DSC reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content DSC deems objectionable, at its sole discretion.
Reverse Engineering & Security
You agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Platform;
Violate the security of the Platform through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network; and
Use the Platform for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Customer Solicitation
Unless you notify us in writing, of your intention to opt out from further direct and indirect marketing communications and solicitations, you are agreeing to continue to receive emails, calls and messages through different mediums for soliciting Products.
Opt Out Procedure
You may choose to opt out from receiving future marketing and solicitation communications by following the steps below.
You may also choose to opt out, via sending your email address to: dusoleilco@gmail.com.
You may send a written remove request to 2, A Block Market, Poorvi Marg, Vasant Vihar, New Delhi-110057.
DISCLAIMER OF WARRANTIES
Your use of this Platform is at your sole risk. The Platform, Products and offers are offered on an "as is" and "as available" basis. To the extent permitted under applicable laws, DSC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Platform, or any reliance upon or use of the Platform or Products.
Without limiting the generality of the foregoing, DSC makes no warranty that the content and the links to third-party platforms provided on this Platform are accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this Platform will create any warranty, not expressly stated herein, as to the results that may be obtained from the use of the Products or that any defects in the Products will be corrected.
LIMITATION OF LIABILITY
The entire liability of DSC and your exclusive remedy, in law, in equity, or otherwise, with respect to the use of Platform, Products, offers and/or for any breach of this Agreement is solely limited to the amount you paid in last one month from any such claim arising, less shipping and handling costs and taxes, for Products purchased via the Platform.
To the extent permitted under applicable laws, DSC will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the use of Platform, Products and offers in any manner, including liabilities resulting from (1) the use or the inability to use the Platform, Products or offers; (2) the cost of procuring substitute Products; or (3) any lost profits, loss of goodwill, loss, theft or corruption of user information that you may allege.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless DSC and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) your violation of any provision of this Agreement including the breach of your warranties, representations and obligations under this Agreement by you; (2) your use of the Platform, Products or offers; (3) infringement of any intellectual property or other proprietary right of any person or entity including DSC by you; or (4) any information or data supplied to DSC by you. When DSC is threatened with suit or sued by a third party, DSC may seek written assurances from you concerning your promise to indemnify DSC; your failure to provide such assurances may be considered by DSC to be a material breach of this Agreement. DSC will have the right to participate in any defense by you of a third-party claim related to your use of the Platform, Products or offers, with a counsel of DSC’s choice at its expense. DSC will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend DSC against any claim, but you must receive DSC prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Products.
MODIFICATION
DSC reserves the right to amend this Agreement at any time, in accordance with applicable law, by posting such amendments or the amended Agreement on this Platform.
DSC may alert you of the amendments by indicating on the top of this Agreement the date it was last revised or by any other means. The amended Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting of any such amendments will constitute continued acceptance of the Agreement including the amendments thereof.
PRIVACY
DSC believes strongly in protecting user privacy and providing you with notice of use of your data. Please refer to DSC’s Privacy Policy, incorporated herein by reference.
GENERAL
Force Majeure
DSC will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, pandemic, lockdown conditions, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
DSC may at any time, in its sole discretion and without advance notice, stop the operation of the Platform and/or distribution of the Products and/or the offers provided on the Platform.
Entire Agreement
This Agreement including the policies and guidelines included herein by reference comprise the entire agreement between you and DSC and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of DGPL to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law and Jurisdiction
This Agreement will be governed by the laws of India and shall be subject to the exclusive jurisdiction of courts in New Delhi, India.
Dispute Resolution
If any dispute arises between you and DSC during your use of the Platform or thereafter, the dispute shall be referred to a sole arbitrator, who shall be appointed by an independent and neutral third party arbitral institution identified by DSC. The place of arbitration shall be New Delhi. The arbitration proceedings shall be in the English language and shall be governed by Arbitration & Conciliation Act, 1996.
This arbitration agreement will survive the termination of this Agreement with you.
Waiver of Class Action Rights
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination
DSC reserves the right to terminate your access to the Platform without advance notice if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Platform and DSC may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Platform is terminated, DSC reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until DSC chooses, in its sole discretion and without advance notice to you, to terminate it.
Use of Platform outside Operating Locations
DSC makes no representation that the Platform or Products or offers are appropriate or available for use in locations other than the Operating Locations.
Assignment
You may not assign your rights and obligations under this Agreement to anyone. DSC may in accordance with applicable law assign it's rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Conflict
This Agreement includes, and incorporates by reference, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by DSC. In the event of any conflict between the terms of this Agreement and any provision of the polices and guidelines available on the Platform, the terms of this Agreement shall prevail in relation to the subject matter hereof and the terms of such polices and guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to carefully read all such policies and guidelines, as available on the Platform.
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer
The name and contact details of the Grievance Officer are provided below:
Mr. Joshi
Du Soleil Co.
Reg Office: 2, A Block Market, Poorvi Marg, Vasant Vihar, New Delhi-110057
Email: dusoleilco@gmail.com
Time: Mon - Fri (10:00 - 19:00)This document is an electronic record in terms of 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.