Terms & Conditions of Sale
This page, together with the documents expressly referred to on it, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website www.dyson.in
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require physical or digital signatures.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
For the purpose of these Terms wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on our site.The term "We", "Us", "Our" shall mean Dyson Technology India Pvt. Ltd.having its registered office situated at Level 12, Two Horizon Center, DLF Phase – 5, Sector – 43 Golf Course Road, Gurugram, Haryana, India -122002, with Corporate Identity Number: U51909HR2017FTC068554
You will be asked to confirm your acceptance of these Terms before being able to place an order. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms, or save them to your computer, for future reference.
1. Information about us
1.1 We operate the website www.dyson.in. We are Dyson Technology India Pvt. Ltd, our registered office is Dyson Technology India Pvt. Ltd. Level 12, Two Horizon Center, DLF Phase – 5, Sector – 43 Golf Course Road, Gurgaon, Haryana, India -122002 which is also our main trading address.
1.2 To contact us, please see our Contact us page.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot warranty that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
3. Use of Our Site
3.1 Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a Consumer
The following clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are a person who can form legally binding contracts under Indian Contract Act, 1872.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described.
6. If you are a Business Customer
The following clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement, based on any statement in this Contract.
7. How the Contract is formed between You and Us
7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an email and/or SMS from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 7.3 below
7.3 We will confirm our acceptance to you by sending you an email and/or SMS that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our site as referred to in clause 11.5 below, we will inform you of this by email and/or SMS and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8.1 Payment can be made in Indian Rupees by one of the following: Mastercard, Visa, Maestro, American Express,Dinersclub, NetBanking, UPI, Wallets, card on delivery and cash on delivery up to a certain value as defined by Us from time to time or such other payment mode as may be specified by US from time to time. Additional terms and conditions may apply depending upon your payment mode, including without limitation, for No Cost EMI and Cash on Delivery. By making Payment through such mode, you agree to the terms and conditions that apply to such mode of payment. We reserve the right to add or remove or modify the terms and conditions for such payment options without prior notice. Notwithstanding the above, usage of any of the above payment options shall at all times be subject to rules, regulations and guidelines under applicable law and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process.
8.2 While availing any of the payment methods available on our Site, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Exceeding the pre-set limit mutually agreed by you and your Bank
- Lack of authorization for any transaction/s, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payment transactions are subject to approval by the Your issuing bank / financial institution as applicable. If Your bank / financial institution refuses to authorize payment, We reserve the right to cancel the order without any liability. Further, You agree that it will not hold Us accountable for any delays caused to the Delivery in cases where the payment authorization is delayed by Your bank/ financial institution.
8.3 We may at our sole discretion and without any prior notice limit the quantity / value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card or debit card and also to orders that use the same billing and/or shipping address.
8.4 We reserve the right to decline transaction by customer with a history of questionable charges including but not limited to breach of any agreement by the customer with Us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
8.5 We may at our discretion do such checks We deem fit before approving the cash on delivery transaction to be certain of customer’s commitment to pay the transaction price. As a result of such check if we are not satisfied with the creditability of the customer or genuineness of the transaction/transaction price, we may at our discretion reject and/or cancel the order.
8.6 In the event that a Product is listed at an incorrect price due to an error in pricing, we shall have the right, at its own discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
8.7 In case of cash on delivery or card on delivery, the order amount has to be paid in full before receiving the package and signing the delivery sheet. The package can be opened only after the full payment is made to Us.
9.1 Your order will be fulfilled by the estimated delivery date (and time slot if applicable) set out in the Dispatch Confirmation, unless there is an Event Outside Our Control as set out in clause. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 We only deliver to addresses in Mumbai, Delhi NCR & Bangalore. Please note that there are a small number of pincodes within these cities, , to which we may not be able to deliver. If you have any queries regarding your order, please contact firstname.lastname@example.org
9.6 We can only accept orders for delivery to addresses within the territorial boundaries of Republic of India.
10. Your Consumer Right of Return and Refund
This clause 10 only applies if you are a consumer.
10.1 If you are a consumer, you have the right to cancel a Contract within the period set out in clause 10.2 below. This means that during that period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
10.2 Your right to cancel the Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 30 days in which you may cancel, starting from the day you receive the Products.
10.3 To cancel, please contact us in writing to tell us by sending an email to email@example.com or by sending a letter to us at: Dyson Technology India Pvt. Ltd. Level 12, Two Horizon Center, DLF Phase – 5, Sector – 43 Golf Course Road, Gurgaon, Haryana, India -122002.
10.4 If you exercise your right to cancel in accordance with these Terms, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. See section 10.9 for full details of our refund policy.
10.5 For machine returns Our customer service team will arrange collection of your machine – free of charge. The machine should be returned in Original Condition, with the original packaging, price tags, and accompanied with all tools, accessories, operational manual and any other material as delivered to the customer at the time of purchase.
10.6 For tool and accessory returns. You must return the Products in Original Condition with the original packaging, price tags and the return order label to us at your expense within 14 calendar days of your notice of cancellation, ensuring that you obtain proof of posting for your own records. Note that if you fail to package the goods adequately to avoid damage in transit or fail to take reasonable care of the goods we might not be able to accept their return. Otherwise, on receipt of the goods in undamaged condition we will refund the full purchase price to the card or method you originally used for the purchase. The address for return of the goods is: Dyson Technology India Pvt. Ltd. Level 12, Two Horizon Center, DLF Phase – 5, Sector – 43 Golf Course Road, Gurgaon, Haryana, India -122002.
10.7 Details of your right to cancel and an explanation of how to exercise it are provided with the Dispatch Confirmation.
10.8 As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. These legal rights are not affected by the Dyson product warranty.
10.9 Refunds shall be initiated only after the Products have been physically received, inspected and certified by the quality inspection team that the items are in original condition and meet the requirements of clause 10.5 and/or 10.6, as applicable..
10.10 Subject to clause 10.9 above, Payments done using Cards/ Wallets shall be refunded in 10 working days from the date of receipt of Product(s).
10.11 Subject to clause 10.9 above, Refund of orders placed using cash on delivery as the payment method will be made by cheque or demand draft or directly to Your bank account via NEFT within 10 working days from the date of receipt of valid Bank Accounts Details of the customer.
10.12 Please refer the section – Terms and Conditions of No Cost EMI Offer for EMI refunds.
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication. However, if you discover an error in the prices of the Products you ordered, please see clause 11.5 below for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product is inclusive of indirect taxes such as but not limited to Central Goods and Services Act, 2017, State Goods and Services Act, 2017 and Integrated Goods and Services Act, 2017 (Indirect Taxes).
11.4 The price of a Product does not include any applicable delivery charges. Our delivery charges are as quoted here.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. Our Liability if you are a Business
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 We do not limit in any way our liability for:
- death or personal injury caused by our negligence;
- defective products under of the Consumer Protection Act 1986;
- fraud or fraudulent misrepresentation;
- or breach of the terms implied by section 15 of the Sale of Goods Act 1930 (title and quiet possession).
12.3 Subject to clause 12.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:
- any loss of profits, sales, business or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
12.4 Subject to clauses 12.2 and 12.3, our total liability to you in respect of losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13. Our Liability if you are a Consumer
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable or remote. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. Our total liability to You in respect of losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
13.2 We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 14 of the Sale of Goods Act 1930 (title and quiet possession);
- any breach of the terms implied by section 14 to 16 of the Sale of Goods Act 1930 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1986.
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15 Communications Between Us.
When we refer in these Terms to “in writing”, this will include email.
15.1 If you are a consumer:
- to cancel a Contract in accordance with your legal right to do so as set out in clause 10.1, please contact us in writing to tell us by sending an email to firstname.lastname@example.org or by sending a letter to us at: Dyson Technology India Pvt. Ltd. Level 12, Two Horizon Center, DLF Phase – 5, Sector – 43 Golf Course Road, Gurgaon, Haryana, India -122002. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation shall be in accordance with clause 10 of these Terms and shall be effective from the date the Products have been physically received, inspected and certified by the quality inspection team that the items are in original condition and meet the requirements of clause 10.5 and/or 10.6, as applicable;
- if you wish to contact us in writing for any other reason, you can send this to us by email to email@example.com or by pre-paid post to Dyson Technology India Pvt. Ltd. Level 12, Two Horizon Center, DLF Phase – 5, Sector – 43 Golf Course Road, Gurgaon, Haryana, India -122002. You also contact us using our Customer Services telephone line on 18002586688
15.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
15.3 If you are a business:
- any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail to firstname.lastname@example.org or posted on our website.
- A notice or other communication shall be deemed to have been received:
- if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Other important terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If You use our Site, You shall ensure information such as email address, mobile number, address are updated and current and in case any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Website Use and Website Acceptable Use Policy, We shall have the right to cancel the purchase made by You.
16.7 We will make best efforts to provide alerts via SMS and/or e-mail and it shall be deemed that You shall have received the information sent from Us on the mobile phone number or e-mail id provided in accordance with clause 16.6
16.9 The courts of Gurugram, Haryana, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, a Contract or its subject matter or formation (including non-contractual disputes or claims).