Terms & Conditions
Last Updated: 18-Oct-2022
Welcome to the Custumise. In using the service of Custumise. you are deemed to have accepted the terms and conditions listed herein.
All products/services and information displayed on Custumise constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Custumise reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Custumise prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Eligibility for Membership
Custumise reserves the right to terminate your membership and refuse to provide you with access to the Site if Custumise discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Custumise for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Custumise you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
You also agrees to:
Provide true, accurate, current and complete information about yourself in Custumise's registration form (such information being the "Registration Data").
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Custumise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Custumise has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While Custumise strives to provide accurate product and pricing information, pricing or typographical errors may occur. Custumise cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Custumise shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Custumise may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Custumise will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Custumise accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Custumise dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Cancellation by Custumise
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Custumise will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on Custumise. Your credit card information never reaches Custumise, we just get pass, hold or fail message from our payment gateways. The said information will not be utilised and shared by our payment gateways or Custumise with any of the third parties unless required for fraud verifications or by law, regulation or court order. Custumise will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
If you face any issues with the payment, you can inform us within 48 hours of the payment via email us at : firstname.lastname@example.org for quick chat now even you can whatsapp us at +13235094790 +919136615039
Fraudulent /Declined Transactions
Custumise reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Custumise reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Returns, Exchanges & Refunds
Custumise does not offer any returns, exchanges & refunds for any products or custom made outfits. All sales are final.
For custom made outfits there is no refund for any deposits paid to us. You will have the option to approve or make minor changes to the sketch/options but Deposit is applicable to only one outfit style and has to be used within 30 days. Once you approve and confirm the order we take the balance payment and we make the outfit, exactly as you chose as per your measurements. No changes or cancellations are allowed after the order is confirmed. There is no return, refund or exchange for custom made outfits.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Conditions for Customer Support Chat
Custumise may suspend Custumise live support service at any time without notice.
Custumise or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Any communication through chat may be stored by Custumise for Custumise reference; customer would not have the right to access this information at a later date.
While chatting you may not put on any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room will not be used for selling of any products or advising on business opportunity or any other form of solicitation.
You may proceed further, and chat with our online customer care executive only if you agree to the above terms and conditions.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Custumise for redelivery shall be claimed from you.
That you will use the services provided by Custumise, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Custumise reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Custumise has the right in its sole discretion to reject the registration and debar you from using the Services of Custumise and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE TO USE THIS WEBSITE AND THE PRODUCTS AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL CUSTUMISE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CUSTUMISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO YOUR COST PAID FOR A PRODUCT.
Wireless and Location-based Features; Social Media Plug-ins
Data Sharing. By using this Website, you affirmatively consent that CUSTUMISE may use and share your video and image viewing data with third parties until consent is withdrawn. CUSTUMISE may track your viewing for its research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you or collect and analyze information, or to social networks.
Wireless Features. This Website may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. CUSTUMISE has no responsibility or liability for any fees or charges you incur when using Wireless Features.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with this Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
You may not use the Site for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems. Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Class Action Waiver
Any arbitration shall be conducted in each Customer’s individual capacity only and not as a class action or other representative action. Customer expressly waives their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Modification of Terms & Conditions of Service
Custumise may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Custumise. You should regularly review the Terms & Conditions on Custumise. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction.
This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Nevada.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Custumise on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Custumise property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Custumise of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Custumise owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Custumise will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Custumise is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Custumise does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Custumise the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Custumise and its affiliates for all claims resulting from any Comments you submit. Custumise and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Custumise cannot be held liable for failure to fulfill one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.
Copyright & Trademark
Custumise and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Custumise or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Custumise or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Custumise. You can not modify, distribute or re-post anything on this website for any purpose.
The Custumise names and logos and all related product and service and Custumise slogans are the trademarks or service marks of Custumise. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Custumise or its suppliers and protected by USA, Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Custumise ,one of its affiliates or by third parties who have licensed their materials to Custumise and are protected by USA, Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Custumise and is also protected by USA, Indian and international copyright laws.
Ownership of designs and images for Custom-Made outfits
The design sketches, product images including all outfit images, and any other drawings, specifications, designs, plans and other documents, prepared by Custumise shall be deemed property of Custumise. Neither the client, nor any other party, shall own or claim a copyright in such designs and images, and Custumise shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. The client will not distribute designs or outfit images furnished by Custumise during or after the entire process to any other party including for production of such outfits by party other than Custumise. Custumise is free to use the design images and outfit images as it sees fit and maintains full ownership of the same.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Custumise and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Custumise, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Custumise or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Custumise. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Custumise may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Custumise. Upon any termination of the User Agreement by either you or Custumise, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Custumise 's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Custumise tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Custumise will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Custumise or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of Custumise to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Custumise, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Custumise assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Custumise will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Custumise on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Custumise with respect to the Custumise sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Custumise with respect to the Custumise sites/services. Custumise's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Notice to California Users. Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Custumise arising out of or related to the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please feel free to contact Custumise directly through the Website or by email at email@example.com