Terms & Conditions

in.tommy.com

Published by PVH Arvind Fashion Private Limited

1. Legal Notice & Introduction

This document is an electronic record under the Information Technology Act, 2000 as amended from time to time and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with Rule 3(1) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and Digital Personal Data Protection Act, 2023 as amended from time to time, to provide the rules and regulations, privacy policy and terms of use governing access to or usage of in.tommy.com (the "Website").

The Tommy Hilfiger website in India i.e., in.tommy.com is operated by PVH Arvind Fashion Private Limited, which is a joint venture company between Arvind Fashions Limited and PVH Corp. incorporated under the Companies Act, 1956 to distribute, promote, market and sell licensed products under the brand name "Tommy Hilfiger" and "Calvin Klein", having its registered office at Arvind Limited Premises, Naroda Road, Ahmedabad, Gujarat 380025, and Corporate Office at No.4, Brunton 1st Cross Road, Bangalore - 560025 ("PVH Arvind").

Your use of the Website and its services and tools is governed by these Terms of Use, including all applicable policies incorporated by reference. Those policies include Our Privacy Policy, Return & Refund Policy and Delivery & Shipping Policy. If You transact on the Website, You are subject to the policies applicable to such transactions. By using the Website, You contract with PVH Arvind and these Terms of Use, together with the policies, constitute Your binding obligations.

"You" or "User" means any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data as a Registered User. "We", "Us" and "Our" mean PVH Arvind. "Seller" means PVH Arvind and an entity authorised by PVH Arvind to sell Tommy Hilfiger products on the Website.

Use of any service on the Website — including Product Reviews and Seller Reviews — is subject to the rules, guidelines and policies applicable to that service, which are deemed incorporated into these Terms of Use. PVH Arvind reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without prior notice. It is Your responsibility to review these Terms periodically; continued use after changes are posted constitutes acceptance.

Accessing, browsing or otherwise using the website indicates your agreement to all the terms and conditions under these Terms of Use. By accepting these Terms of Use, You also accept and agree to be bound by PVH Arvind's Policies, including its Privacy Policy, as amended from time to time.

2. Eligibility & Your Account

2.1 Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872 as amended from time to time. Persons incompetent to contract — including minors and un-discharged insolvents — are not eligible to use the Website. If You are a minor (under 18 years), You shall not register as a User or transact on the Website; such use may only be made through Your legal guardian or parents. PVH Arvind reserves the right to terminate membership or refuse access if it discovers a User is under 18 or otherwise ineligible to execute legal documents.

2.2 Your Account and Registration Obligations

You are responsible for maintaining the confidentiality of Your Display Name and Password and for all activities occurring under them. If You provide information that is untrue, inaccurate, outdated or incomplete, We reserve the right to suspend, terminate or block Your membership and refuse further access.

2.3 Communications

When You use the Website or communicate with Us by email, SMS or other electronic means, You consent to receiving communications from Us relating to Your orders, deliveries, payments, returns and other transactional matters. Where required by applicable law, We will obtain Your specific consent for marketing or promotional communications, and You may withdraw such consent at any time using the unsubscribe link in Our communications.

2.4 Customer Support and Queries

For any customer support queries, including order status, delivery, returns, refunds or product quality concerns, You may contact customer support at: care@th-india.com

Complaints received from consumers will be acknowledged within forty-eight (48) hours and ordinarily resolved within one (1) month from the date of receipt, in accordance with applicable law.

We do not address inquiries or resolve issues originating from other channels or marketplaces.

3. Flash Sale / Clearance Offers / Gift with Purchase (Freebies)

We may run limited-period promotions, including flash sales, clearance offers and 'gift with purchase' schemes from time to time. The specific terms applicable to each promotion (including eligibility, duration, applicable discounts and return / refund conditions) will be displayed on the relevant offer page and shall form part of these Terms for the duration of that promotion.

  • Returns for products under such promotions and clearance sales are at the discretion of the Seller; the usual return policy set out in Our Return & Refund Policy does not apply to these products.
  • Orders meeting the qualifying spend during the promotional period are eligible for the applicable free gift (while stocks last, one per order).
  • All free gifts are subject to availability, are non-transferable, and there is no cash alternative or choice of gift.
  • If an order fails to qualify for a free gift after a return request, the gift must be returned with the order, or its full price will be deducted from the refund value.

4. Marketplace: Role of PVH Arvind Between Users & Sellers

  • All commercial and contractual terms — including price, shipping costs, payment methods and terms, delivery dates, warranties and after-sales service — are agreed between User and Sellers alone.
  • PVH Arvind makes no representation or warranty regarding the quality, value or saleability of products or services offered on the Website by any third party, and does not endorse any sale or purchase. PVH Arvind accepts no liability for errors or omissions by itself or third parties.
  • PVH Arvind is not responsible for any non-performance or breach of contract between User and Sellers, does not guarantee that a transaction will be completed, and is not required to mediate disputes between them.
  • PVH Arvind makes no representation as to the item-specifics of any User (such as legal title, creditworthiness or identity); You are advised to independently verify the bona fides of any User You deal with.
  • PVH Arvind never takes possession of, or gains title to, any products or services offered by a Seller to a Buyer.
  • PVH Arvind holds no right, title or interest over a Seller's products and has no obligations or liabilities under contracts between Buyers and Sellers, including for delays or unavailability of stock.
  • The Website is solely a platform enabling Buyers and Sellers to transact; the contract of sale is strictly bipartite between them.
  • You shall independently agree with the Seller on the manner and terms of delivery, payment, insurance, etc.

Disclaimer: Pricing displayed on the Website may, due to technical issues, typographical errors or Seller-provided information, be incorrectly reflected; in such cases the Seller may cancel the order.

You release and indemnify PVH Arvind and its officers and representatives from any cost, damage, liability or other consequence arising from the actions of other Users, and waive related claims under applicable law. PVH Arvind cannot control information provided by other Users and is not responsible for content You may find offensive, inaccurate or deceptive. Please exercise caution and practise safe trading, particularly given the risks of dealing with underage persons or those acting under false pretence.

5. Charges

Membership on the Website is free for Users, and PVH Arvind does not charge any fee for browsing or buying. PVH Arvind reserves the right to change its fee policy from time to time, including introducing new products, related services or fees for new or existing services. Any changes will be posted on the Website and take effect immediately upon posting. Unless otherwise stated, all fees are quoted in Indian Rupees, and You are solely responsible for compliance with applicable payment laws.

6. Acceptable Use of the Website

6.1 Your use of the Website is strictly governed by the following binding principles. You agree not to host, display, upload, modify, publish, transmit, update or share any information that:

  • Belongs to another person and to which You do not have any right to
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially/ethnically objectionable, or otherwise unlawful, including 'indecent representation of women' under the Indecent Representation of Women (Prohibition) Act, 1986
  • Is misleading in any way
  • Is patently offensive to the online community, including sexually explicit content or content promoting obscenity, pedophilia, racism, bigotry, hatred or physical harm
  • Harasses or advocates harassment of another person
  • Involves transmission of 'junk mail', 'chain letters', or unsolicited mass mailing/spamming
  • Promotes illegal activities or abusive, threatening, obscene, defamatory or libelous conduct
  • Infringes any third party's rights, including intellectual property, privacy or publicity rights
  • Promotes an illegal or unauthorised copy of another's copyrighted work
  • Contains restricted, password-only, or hidden pages/images not linked from an accessible page
  • Exploits people in a sexual, violent or otherwise inappropriate manner, or solicits personal information
  • Provides instructional information about illegal activities
  • Contains video, photographs, or images of another person without consent
  • Attempts unauthorised access to the Website, profiles, accounts or other User areas
  • Engages in commercial activity without PVH Arvind's prior written consent (contests, sweepstakes, barter, advertising, pyramid schemes, sale of virtual products)
  • Solicits or engages in gambling activity reasonably believed to be illegal
  • Interferes with another User's use and enjoyment of the Website
  • Links to material inappropriate for the Website or violating these Terms
  • Harms minors in any way
  • Infringes patents, trademarks, copyrights, trade secrets or involves counterfeit/stolen products
  • Violates any applicable law
  • Deceives or misleads Users about the origin of messages, or is grossly offensive or menacing
  • Impersonates another person
  • Contains viruses, Trojan horses, worms, time bombs or other harmful code
  • Threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states
  • Is false, inaccurate or misleading
  • Offers or trades in items whose dealing is prohibited or restricted by applicable law
  • Creates liability for Us or jeopardises Our relationship with ISPs or suppliers

Without prejudice to any other rights under law, PVH Arvind may, in compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and other applicable laws, remove or disable access to any information or content that it reasonably believes violates these Terms or applicable law, and may preserve and disclose such information as required by law or lawful order of a court or government authority.

6.2 Further Conduct Restrictions

In addition, and without limitation, You agree that You shall not:

  • Use any deep-link, page-scrape, robot, spider or other automated means to access, copy or monitor the Website or its Content
  • Attempt unauthorised access to any portion of the Website or connected systems by hacking, password mining or other illegitimate means
  • Probe, scan or test the vulnerability of the Website, or breach its security or authentication measures
  • Reverse look-up or trace information about other Users beyond what the Website itself provides
  • Make negative, denigrating or defamatory statements about Us or tarnish Our marks, trade name or goodwill
  • Use any device, software or routine to interfere with the proper working of the Website
  • Forge headers or manipulate identifiers to disguise the origin of a message, or impersonate any individual or entity
  • Use the Website or its Content for any unlawful purpose or to solicit any commercial activity including buying and selling of the Tommy Hilfiger products
  • Fail to comply with the Information Technology Act, 2000 and other applicable domestic and international laws relevant to Your use of the Website

PVH Arvind is not responsible for the use of information You publicly disclose. Please carefully select what You share publicly.

Your use of the Website and any personal data that You provide to Us or that We collect about You in connection with the Website are also governed by Our Privacy Policy. The Privacy Policy forms an integral part of these Terms and explains, among other matters, the categories of personal data We process, the purposes of processing, the parties with whom personal data may be shared (including logistics partners and Sellers, where applicable), the security safeguards implemented by Us, and Your rights and choices under applicable data protection laws including the Digital Personal Data Protection Act, 2023.

7. Content Posted on the Website

7.1 Copyright, Authors' Rights and Database Rights

All content on the Website — articles, blogs, text, graphics, logos, icons, images, audio clips, downloads, data compilations and software — is the property of PVH Arvind, its affiliates or content suppliers, and is protected by Indian and international copyright, authors' rights and database right laws. All software used on the Website is similarly protected.

Except as expressly provided in these Terms, no part of the Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without PVH Arvind's express prior written consent.

You may use information made available for downloading provided You: (1) retain all proprietary notices, (2) use it only for personal, non-commercial purposes, (3) make no modifications, and (4) do not make additional representations or warranties relating to it.

7.2 User-Generated Content

You are responsible for any notes, messages, emails, postings, photos, drawings, profiles, opinions, images, videos, audio or other materials You post or transmit to the Website ("Content"). Such Content becomes Our property, and You grant Us a worldwide, perpetual and transferable right to use it — consistent with Our Privacy Policy — for any purpose, including promotional and advertising use and the creation of derivative works, without payment or compensation to You.

8. Disclaimer of Warranties and Liability

The Website, and all materials, products and services made available through it, are provided on an 'as is' and 'as available' basis without representation or warranty except as otherwise specified. Without limiting the foregoing, PVH Arvind does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

PVH Arvind will not be liable to You in relation to the Contents of, or use of, the Website, and does not warrant that the site, its Content, servers or electronic communications are free of viruses or harmful components. Nothing on the Website constitutes advice of any kind.

9. Payment

While availing any payment method on the Website, We assume no liability for loss or damage arising from lack of transaction authorisation, exceeding agreed bank limits, other payment issues, or decline of a transaction for any reason.

When You confirm a purchase on the Website, You do so through an explicit and affirmative action (such as clicking 'Place Order' or 'Pay Now'), which constitutes Your consent to the purchase, including the applicable price, taxes, delivery charges and other terms displayed to You at checkout.

All payments must be made in Indian Rupees; the Website does not facilitate transactions in any other currency. PVH Arvind uses a third-party service provider to facilitate and collect payments ("Payment Facility") and is not liable for issues between You and that provider. Before delivery, the Seller may request supporting documents (e.g., government ID and address proof) to verify ownership of the payment instrument used, in the interest of a safe shopping environment.

9.1 General Payment Terms

  • Transactions, Transaction Price and commercial terms such as delivery and dispatch are governed by a principal-to-principal contract between Buyer and Seller.
  • You specifically authorise PVH Arvind's service providers to collect, process, facilitate and remit payments electronically or via Cash on Delivery between Users. Your relationship with PVH Arvind is principal-to-principal.
  • You understand the Payment Facility is neither a banking nor financial service, but a facilitator for electronic and Cash on Delivery payment collection and remittance using existing banking and card-network infrastructure. PVH Arvind acts neither as trustee nor in any fiduciary capacity with respect to the transaction or transaction price.

9.2 Payment Facility for Buyers

  • Upon initiating a Transaction, You enter a legally binding contract with the Seller and shall pay the Transaction Price using the Payment Facility.
  • The Payment Facility may not be available for certain products, services or transactions as per the Policies, and You may not be entitled to a refund for those transactions.
  • Except for Cash on Delivery, refunds are made to the same bank account or payment instrument from which the transaction price was received.
  • For Cash on Delivery, refunds are made via NEFT transfer to the Buyer's registered account.
  • Refunds are made in Indian Rupees only, equivalent to the transaction price received.
  • For electronic payments, refunds are made through the original payment gateway or as otherwise required by law.
  • Refunds are conditional, with recourse available to PVH Arvind in case of misuse, and subject to the Buyer complying with the Seller's Policies.

9.3 PVH Arvind's Rights Regarding Transactions

  • PVH Arvind may impose limits on the number or value of transactions on any card, bank account or other instrument, or by an individual Buyer over time, and may refuse to process transactions exceeding such limits.
  • PVH Arvind may refuse to process transactions by Buyers with a history of questionable charges, breach of agreements, violation of law, chargebacks raised through their bank, or breach of policy.
  • PVH Arvind may perform checks before approving payment for security or other reasons, and may reject a Buyer's payment where it is not satisfied of the Buyer's credibility or the transaction's genuineness.
  • PVH Arvind may delay notifying payment confirmation, or withhold transaction price and not remit it to law enforcement (instead of refunding the Buyer), where a transaction is suspicious, involves high volumes, or the User is engaged in illegal activity.
  • PVH Arvind will not be liable for damages, interest or claims resulting from a delay or failure to process a transaction that is beyond PVH Arvind's control.

9.4 Compliance with Laws

The Buyer and Seller shall comply with all applicable laws relevant to their use of the Payment Facility and Website, including the Information Technology Act, 2000 (as amended), the Prevention of Money Laundering Act, 2002 and the Income Tax Act, 1961.

10. Indemnity, Governing Law & Jurisdiction

10.1 Indemnity

You shall indemnify and hold harmless PVH Arvind, its affiliates, subsidiaries, group companies and their respective officers, directors, agents and employees from any claim, demand or action — including reasonable attorneys' fees — including any penalty imposed, arising from Your breach of these Terms, the Privacy Policy or other policies, or Your violation of law or third-party rights (including intellectual property rights).

10.2 Applicable Law

These Terms of Use are governed by and construed in accordance with the laws of India. Courts at Bangalore shall have exclusive jurisdiction over any dispute arising from use of the Website.

10.3 Jurisdictional Issues / Sale in India Only

Unless otherwise specified, material on the Website is presented solely for sale in India. PVH Arvind makes no representation that such material is appropriate or available for use in other locations. Those accessing the Website from outside India do so on their own initiative, and PVH Arvind is not responsible for supply, refunds, or compliance with local laws for orders placed from other locations.

11. Trademark, Copyright & Intellectual Property

11.1 Trademark, Copyright and Restriction

The Website is controlled and operated by PVH Arvind. All material on the Website — including images, illustrations, audio and video clips — is protected by copyright, trademark and other intellectual property rights, and is for Your personal, non-commercial use only. You must not copy, reproduce, republish, upload, post, transmit or distribute such material, or assist another person to do so, without the owner's prior written consent. Any use for which You receive remuneration is a commercial use for this purpose.

12. Warranty & Limitation of Liability

12.1 Warranty

To the fullest extent permitted by law, the Website and all products and services offered through it are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied, except to the extent expressly provided in Our written warranty terms or required by law.

PVH Arvind does not warrant that product descriptions or other Website content are accurate, complete, reliable, current or error-free, and assumes no liability in this regard.

12.2 Limitation of Liability

In no event shall PVH Arvind be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if the user has been informed in advance of the possibility of such damages. Nothing in these terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for defective or deficient products or for personal injury caused by negligence, where such liability is mandated under the Consumer Protection Act, 2019 or other applicable law.

13. Other Businesses & Contact

13.1 Other Businesses

PVH Arvind is not responsible for the actions, products, content or services of Affiliates or third-party websites linked via the Website's APIs or otherwise, and does not endorse or warrant the offerings, content or businesses of such third parties.

13.2 Contact Us

For any questions or comments regarding this Website, including copyright, trademark or other intellectual property infringement inquiries, please contact Us at:

Email: care@th-india.com

Website: https://in.tommy.com/pages/contact