Customer Terms and Conditions

Dated: 18 November 2020

 

Welcome to www.shopdisney.in and its related mobile app-based interface (“Website”). The Website is owned and operated by Disney Entertainment (India) Private Limited, a company incorporated under the Companies Act, 1956 (hereinafter referred to as “We”, “Us”, “Our” or “Disney”) with its registered office at Star House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (West), Mumbai – 400013, Maharashtra, India.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website and/or transacting on the Website or commencing any transaction on the Website by placing an order for the purchase of Products, You accept and agree to these terms and conditions in addition to the Terms of Use and Supplemental Terms of Use (collectively “Terms and Conditions”). If You do not agree to these Terms and Conditions, You may not use and/or transact the Website. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to You. It is Your responsibility to review these Terms and Conditions periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions.

 

For the purpose of these Terms and Conditions, wherever the context so requires "You" or “Your” or "User" shall mean any natural or legal person who has accessed or used the Website and/or registered on the Website to create a Disney account by providing registration data using the computer systems.

 

In the event of any inconsistency between the Terms of Use and Supplemental terms of Use posted on this Website and these terms and conditions, these terms and conditions shall prevail.

 

Note that special terms apply to some services offered on the Website such as rules for a particular activity, promotion, contest or other features. Any such terms are in addition to these Terms and Conditions and in the event of a conflict, such terms shall prevail over these Terms and Conditions.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of the Website.

 

1. Eligibility:

 

Transaction on the Website is available only to individuals 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 are not eligible to transact on the Website.

Disney reserves the right to terminate your registration and / or refuse to provide you with access to the Website if it is brought to Disney's notice or if it is discovered that You are under the age of 18 years and transacting on the Website at your own instance. The Website is for Your personal use and You may not use the Website for commercial purposes or in any way that unlawful, or harms us or any other person or entity, as determined in our sole discretion.

 

2. Indian Users:

 

The Website is accessible worldwide but purchase of products on the Website is intended only for individuals in India. Purchase transactions on the Website shall only be processed through payment methods issued under Indian laws (i.e. credit cards, debit card, bank accounts, wallets etc. issued by banks registered and licensed in India) and for delivery addresses within India. Delivery of the products purchased on the Website will only be available at locations serviced by Disney’s third party service provider in India. The payment methods acceptable on the Website and locations to which deliveries shall be made are subject to final determination by Disney and/or its service providers.

 

3. Transaction on the Website:

 

The Website is an e-commerce marketplace platform that is owned and operated by Us, for Users to purchase products incorporating Disney characters and materials, as offered for sale by third party sellers on the Website (“Seller(s)”). The Website is a platform that facilitates the transaction of sale of the product between You and the Seller. Disney is not and shall not be a party to or control in any manner any transaction between Users and Sellers on the Website.

 

• All commercial/contractual terms for purchase (including sale price, shipping costs, payment terms, delivery, exchange or returns, warranty etc.) are offered by and agreed to between You and Sellers, and the contract for sale of the product is consummated between You and the Seller. Disney has no control nor does it determine or advise or in any way involve itself in the offering or acceptance of any such commercial/contractual terms between You and Sellers.

 

• When You place an order to purchase a product offered by any Seller on the Website, it is an offer to buy the product(s) by You to the Seller and it shall not be construed as Seller's acceptance of Your offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by You, at its sole discretion and You shall be intimated of the same by way of an email/SMS on the registered email id and/or telephone number provided by You. In case of such cancellation by the Seller, any payments paid by You shall be refunded to You by the Seller, provided that any goods and service tax charged in the invoice raised by the Seller will be subject to applicable GST rules in this regard.

 

• Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual. Accordingly, Disney reserves the right to impose limits on the number of transactions or transaction price which Disney may receive from an individual payment instrument.

 

• Disney does not provide any warranty with respect to the products listed on the Website. Disney shall not be responsible for any non-performance or breach of any contract entered into between You and Sellers. Disney does not guarantee that the concerned Users and/or Sellers will perform any transaction concluded on the Website.

 

• Disney does not at any point of time during any transaction between User and Seller on the Website come into or take possession of any of the products offered by Seller nor does it at any point gain title to or have any rights or claims over the products offered by Seller on the Website. At no time shall Disney hold any right, title or interest in the products nor shall Disney have any obligations or liabilities in respect of the products to the User, the contract for sale of products is entered into between Users and Sellers.

 

• Please be sure to review Your order very carefully before submitting it.

 

4. Payment Services:

 

• While making payments via any of the electronic prepaid payment methods available on the Website, Disney will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and the bank/s, or
• Any payment issues arising out of the transaction, or
• Non availability of funds in the relevant account/ wallet, or
• Decline of transaction for any other reason/s.

 

• All payments made against the purchases on the Website by You shall be in Indian Rupees only and either by cash on demand or via payment methods issued under Indian laws (i.e. credit cards, debit cards, bank accounts, wallets etc. issued by banks registered and licensed in India). The Website will not facilitate any transaction with respect to any other form of currency or payment method.

 

• The sale price of the products listed on the Website shall be inclusive of applicable taxes. All invoices for products purchased on the Website shall be issued to You by the relevant Seller.

 

• Before shipping / delivering Your order to You, Disney/ Seller may request you to provide supporting documents (including but not limited to an identification card issued by the Government of India and/or address proof) to establish the ownership of the payment instrument used by You for Your purchase and/or as may be required under applicable laws.

 

• You have specifically authorized Disney and/or its service providers to collect, process, facilitate and remit payments electronically or through cash on delivery to and from Sellers in respect of transactions conducted by You on the Website. Your relationship with Disney is on a principal to principal basis and by accepting these Terms and Conditions you agree that Disney is an independent contractor for all purposes, and does not have control of or liability for the products that are listed and sold on the Website .

 

• You understand, accept and agree that the payment facility provided by Disney is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, and/or receiving payment through cash on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Disney is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

 

• Cash on delivery payment method is only available to Users that have registered and have an account on the Website. Cash on delivery payments will be restricted to INR 5000 per transaction per day. For any order where the value is over INR 5,000, Users will have to use the electronic pre-payment methods available on the Website.

 

• If You purchase products on the Website for an amount equal to or above INR 200,000 (Indian Rupees Two Lakhs only), You will be required to share a scanned copy of Your PAN card as required under applicable law, within four (4) days from the date of making such purchase/ placing order, failing which, the order placed shall be cancelled. If there is any discrepancy between Your name as registered on the Website and Your name on the PAN Card, Your order shall be cancelled.

 

• The payment facility is provided by a third party service provider and Disney does not collect and/or have access to any data and/or information whatsoever of any payment instrument used for transacting on the Website. The electronic payment facility on the Website shall be provided by the payment gateway ‘BillDesk’ operated by IndiaIdeas.com Ltd. and You may contact them at support@billdesk.com.

 

5. Exchanges, Returns and Refunds

 

• Upon purchase of products on the Website, User shall be entitled to exchange or return products and claim refund therefore strictly in accordance with the Return Policy provided on the Website. for a refund.
• Except for cash on delivery transactions, refund, if any, shall be made at the same issuing instrument (credit card, debit card, bank account, wallet etc.) from where transaction price was received, or through any other method available on the Website.
• For cash on delivery transactions, refunds, if any, will be made via electronic payment transfers. The refund shall only be made in an account where the primary account holder is the same as the registered User on the Website. User will be required to provide bank details (Bank Name, Account no., IFSC Code, MICR, beneficiary name matching the name of the registered User on the Website). It shall be the User’s sole responsibility to provide correct details.
• Cash On Delivery refunds shall be made only to an Indian bank account
• In case of products purchased on the Website via cash on delivery payment, they User will only be entitled to initiate refund on such products 3 times. If the User seeks to initiate any refunds on products purchased via cash on delivery payment thereafter, User will be required to provide know-your-customer (KYC) details (as required under applicable law) before any further refunds will be processed.
• Refund shall be in Indian Rupees only and shall be equivalent to the sale price of the relevant product received in Indian Rupees. There shall be no refund of delivery charges or gift wrapping charges.
• Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
• We may also request User to provide additional documents for verification to facilitate any refunds.
• Refund shall be subject to User complying with applicable policies, if any.

 

6. Charges

 

Creating an account on the Website is free for Users. Disney does not charge any fee for browsing, accessing and making purchases on the Website. Disney reserves the right to change its policy from time to time. In particular, Disney may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Disney reserves the right to introduce fees for such new services offered or amend/introduce fees for existing services, as the case may be. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making such payments to Disney Entertainment (India) Private) Limited.

 

7. Reviews and Ratings:

 

While the Website may provide a feature where Users may be permitted to share reviews/ratings in relation to the products purchased on the Website, Disney does not endorse any user submission or any opinion, recommendation, or advice expressed therein. Disney reserves the right to moderate all user reviews and submissions. Disney expressly disclaims any and all liability in connection with User submissions. Disney will remove User submissions, without prior notice, if notified that such content or user submission infringes on another's intellectual property rights.

 

8. Communication

 

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us or our third party service providers via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use Your personal information to initiate any promotional phone calls or SMS without your consent.

 

9. Indemnity:

 

You shall indemnify and hold harmless Disney, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, actions, losses, liabilities including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms and Conditions, and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

10. Contact Us:

Please contact us for any questions or comments regarding the Website.

 

11. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

 

Mr. Devesh Sinha

Disney Entertainment (India) Private Limited,

Star House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (West), Mumbai – 400013

grievance.officer@shopdisney.in

 

12. Governing law and Jurisdiction:

 

Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction for any dispute.