Terms & Conditions
Please read these terms and conditions
carefully
These Terms and Conditions along with the
Privacy Policy, the Return Policy, Shipping Policy, Cancellation Policy or any
other Policy or Statement or Information that may be placed on this website
(hereinafter referred to as "Site" or "BEARBERRYINDIA.COM” or
"we" or "our “or “Company”), as modified or amended from time to
time, are a binding contract between the company and you (hereinafter referred
to as "Terms and Conditions" or "T&C" or
"Terms" or "Agreement"). If you visit, use, or shop at the
site or any future site operated by the company, you accept these Terms and
Conditions. In addition, when you use any current or future services of the
company or visit or purchase from any business affiliated with the company or
third party vendors, whether or not included in the site, you also will be
subject to the guidelines and conditions applicable to such service or
merchant. If these conditions are inconsistent with such guidelines and
conditions, such guidelines and conditions will control.
You ("you" or "End User"
or "your" or "Buyer" or "Customer") by
subscribing to or using any of our products or services, you agree that you
have read, understood and are bound by the Terms and Conditions , regardless of
how you subscribe to or use our products or services. If you do not want to be
bound by the terms, you must not subscribe to or use our services. This T&C
is effective upon your subscription and governs the relationship between you
and Dynamic Enterprises (hereinafter "Company") including the sale
and supply of any Products on the site. If this T&C conflicts with any
other document, the T&C will prevail for the purposes of usage of the Site.
If you do not agree to be bound by this T&C and the Privacy Policy, you may
not use the Site in any way.
The Company reserves the right at all times to
discontinue or modify any of our T&C as we deem necessary or desirable
without prior notification to you. Such changes may include, among other
things, the adding of certain fees or charges. We suggest to you, therefore, that
you re-read this important notice containing our T&C from time to time in
order that you stay informed as to any such changes. If we make changes to our
T&C and you continue to use the Site, you are impliedly agreeing to the
T&C expressed therein. Any such deletions or modifications shall be
effective immediately upon the Company's posting thereof. Any use of the Site
by User after such notice shall be deemed to constitute acceptance by the User
of such modifications.
The Service is not available to minors under
the age of 18 or to any users suspended or removed from the system by BEARBERRYINDIA.COM
for any reason. Users may not have more than one account. Maintaining more than
one account by a user shall amount to fraudulent act on part of the user and
attract actions against such users. Additionally, users are prohibited from
selling, trading, or otherwise transferring your BEARBERRYINDIA.COM account to
another party. If you do not qualify, you may not use the Service or the Site.
The Company owns no responsibility in any
manner over any dispute arising out of transactions by any third party using
your account/e-mail provided by you to the Company or payments made by your
credit card by any third party.
In consideration of your use of the Site, you
represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws as applicable in India.
You also agree to provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form. If you provide any
information that is untrue, inaccurate, not current or incomplete (or becomes
untrue, inaccurate, not current or incomplete), or BEARBERRYINDIA.COM has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, BEARBERRYINDIA.COM has the right to suspend or terminate
your account and refuse any and all current or future use of the Site (or any
portion thereof). If you use the Site, you are responsible for maintaining the
confidentiality of your account and password including cases when it is being
used by any of your family members, friends or relatives, whether a minor or an
adult. You further agree to accept responsibility for all transactions made
from your account and any dispute arising out of any misuse of your account,
whether by any family member, friend, relative, any third party or otherwise
shall not be entertained by the Company. Because of this, we strongly recommend
that you exit from your account at the end of each session. You agree to notify
BEARBERRYINDIA.COM immediately of any unauthorized use of your account or any
other breach of security. BEARBERRYINDIA.COM reserves the right to refuse
service, terminate accounts, or remove or edit content in its sole discretion.
INTRODUCTION TO
BEARBERRY
The website, BEARBERRYINDIA.COM is operated
under license by Dynamic Enterprises, having its office at B67, Chourang
Smitshilp, Opp. A. M. College, Hadapsar, Pune, Maharashtra, India - 411 028.
Contact us at customerservice@BEARBERRYINDIA.COM
“BearBerry” is a registered trade mark.
PRIVACY POLICY AND
OTHER POLICIES / STATEMENTS
By subscribing to or using any of our
services, you hereby agree to have read and understood the privacy policy and
other policies, statements and information put on the website.
PRIVACY POLICY AND
OTHER POLICIES / STATEMENTS
The following actions will be considered as
misuse of the website, and are thus prohibited:
Transmission or distribution of
technologically harmful data like virus, malicious software, trojan, etc.;
Posting or transmitting content that promotes
obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind
against any group or individual;
Transmission of junk mails, spam or chain
letters;
Promoting illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
Posting unsolicited promotional or advertising
content;
Distributing or reproducing any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights in any way;
Promoting an illegal or unauthorised copy of
another person's copyrighted work such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music file, providing
or creating computer viruses;
Providing instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or posting video, photographs, or images of another person
age 18 or older without his or her express written consent and permission or
those of any minor (regardless of whether you have consent from the minor or
his or her legal guardian).
We hereby hold no
liability to any sort of damage or harm caused to your software, data or
computer device by downloading content from this website.
INTELLECTUAL
PROPERTY, SOFTWARE AND CONTENT
The content available on this website is under
worldwide copyright protection laws and hence is the sole property of BEARBERRYINDIA.COM.
Modification, misuse, translation or creation of derivative work on the basis
of website content is highly prohibited.
BEARBERRYINDIA.COM grants you a limited
license to access and make personal use of the Site and the Service. This
license does not include any downloading or copying of account information for
the benefit of another vendor or any other third party; caching, unauthorized
hypertext links to the Site and the framing of any Content available through
the Site uploading, posting, or transmitting any content that you do not have a
right to make available (such as the intellectual property of another party);
uploading, posting, or transmitting any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment; any action that imposes or may impose (in BEARBERRYINDIA.COM
sole discretion) an unreasonable or disproportionately large load on BEARBERRYINDIA.COM
infrastructure; or any use of data mining, robots, or similar data gathering
and extraction tools. You may not bypass any measures used by BEARBERRYINDIA.COM
to prevent or restrict access to the Site. Any unauthorized use by you shall
terminate the permission or license granted to you by BEARBERRYINDIA.COM
Registration & Security
1.Once registered, you will receive a confirmation mail on your registered email address.
2.You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account.
3.You will notify BEARBERRYINDIA.COM of any
unauthorized use of your password or account or any other breach of security.
4.BEARBERRYINDIA.COM cannot and will not be
liable for any loss or damage arising from your failure to comply.
TERMS OF SALE
Once you place an order with BEARBERRY, you
thus agree to abide by the following terms and conditions:
PAll the orders placed with us are subject to
availability of the desired product.
Once an order is placed, an acknowledgement
e-mail stating the confirmation of your order will be received by you. Please
note that this acknowledgement does not mean the acceptance of your order. Your
order is only accepted once the payment is received from your credit/debit
card/account/wallet/UPI.
A standard authorization check is carried out
on your payment card once your order is received by us. This is done solely to
make sure that you have sufficient funds and thus your transaction can be
carried out without any hindrance.
We make our best efforts to ensure that the
product descriptions and set prices are accurate. However, error may occur. If
it is discovered by us that the mentioned price at which you placed the order
is incorrect, you will be informed by us at the earliest. You will be given the
following two options –
You can reconfirm your order at the corrected
new price.
If you do not wish to make the purchase any
longer, you can cancel your order.
Free delivery may be subject to minimum order value as per the Shipping Policy.In case we are unable to contact you regarding
the price change, your order will be considered as cancelled, and the debited
amount will be refunded back to your respective account.
We offer you promotional discount codes that
are applicable on the purchases made on this website. These discount codes can
be applicable on all or certain specified products. Please note that use of
only one discount code is permissible per order. You cannot use a discount code
if an order is already placed.
As a condition of purchase, the Site requires
your permission to send you administrative and promotional emails/calls. We
will send you information regarding your account activity and purchases, as
well as updates about our products and promotional offers. We shall have no
responsibility in any manner whatsoever regarding any promotional
emails/calls/SMS/MMS sent to you. The offers made in those promotional
emails/calls/SMS/MMS shall be subject to change at the sole discretion of the
Company and the Company owes no responsibility to provide you any information
regarding such change.
By placing an order, you make an offer to us
to purchase products you have selected based on standard Site restrictions,
Merchant specific restrictions, and on the terms and conditions stated below.
You are required to create an account in order
to purchase any product from the Site. This is required so we can provide you
with easy access to print your orders and view your past purchases.
We strive to provide you with the best prices
possible on products and/or services you buy from BEARBERRYINDIA.COM, however, BEARBERRYINDIA.COM
does not guarantee that the price will be the lowest in the city, region or
geography. Prices and availability are subject to change without any prior
notice. The prices mentioned on the Site are not subject to comparison with the
same or similar product(s) and/or service(s) available through any online or
offline sale. The pricing is subject to BEARBERRYINDIA.COM pricing policy and
the prices shall be determined only at BEARBERRYINDIA.COM sole discretion.
While BEARBERRYINDIA.COM strives to provide
accurate product and pricing information, typographical errors may occur. 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, BEARBERRYINDIA.COM
may, at its discretion, either contact you for instructions or cancel your
order and notify you of such cancellation. BEARBERRYINDIA.COM will have the
right to modify the price of the product and contact you for further
instructions using the e-mail address or telephone number provided by you
during the time of registration, or cancel the order and notify you of such
cancellation.
By using this Site, the User agrees to comply
with all of the T&C hereof. The right to use the Site is personal to the
User and is not transferable to any other person or entity. The User shall be
responsible for protecting the confidentiality of their password(s), if any.
The User acknowledges that, although the internet is often a secure
environment, sometimes there are interruptions in service or events that are
beyond the control of the Company, and the Company shall not be responsible for
any data lost while transmitting information on the internet. While it is the
Company's objective to make the Site accessible 24 hours per day, 7 days per
week, the Site may be unavailable from time to time for any reason including,
without limitation, routine maintenance. You understand and acknowledge that
due to circumstances both within and outside of the control of the Company,
access to the Site may be interrupted, suspended or terminated from time to
time. The Company shall have the right at any time to change or discontinue any
aspect or feature of the Site, including, but not limited to, content, hours of
availability and equipment needed for access or use. Further, the Company may
discontinue disseminating any portion of information or category of information
may change or eliminate any transmission method and may change transmission
speeds or other signal characteristics
LINKING TO THIS WEBSITE
You may provide links to our website homepage.
However, it should not suggest our association with you in any form or the
other. Also, doing so must not bring any legal or reputation damage to our
website.
The User shall be responsible for obtaining
and maintaining telephone, computer hardware and other equipment needed for
access to and use of the Site and all charges related thereto. The Company
shall not be liable for any damages to the User's equipment resulting from the
use of the Site.
APPLICABLE LAW
JURISDICTIONAL
ISSUES/SALE IN INDIA ONLY
This agreement shall be governed by and
interpreted and construed in accordance with the laws of India.The place of
jurisdiction shall be in Pune, Maharashtra.
Unless otherwise specified, the material on BEARBERRYINDIA.COM
is presented solely for the purpose of sale India. BEARBERRYINDIA.COM makes no
representation of the materials that are appropriate or available for use in
other locations/Countries other than India. Those who choose to access this
site from other locations/Countries other than India do so on their own will
and BEARBERRYINDIA.COM is not responsible for supply of goods/refund for the
goods ordered from other locations/Countries other than India, compliance with
local laws, if and to the extent local laws are applicable.
GUARANTEE OF PRODUCTS/SERVICES
BEARBERRYINDIA.COM hereby disclaims any
guarantee of the accuracy in terms of finish and appearance of the final
product as ordered by the user. The quality of any products, services,
information, or other material purchased or obtained by you through the website
may not meet your expectations.
IMITATION OF
LIABILITY
BEARBERRYINDIA.COM will not be responsible or
liable for any special, incidental, indirect or consequential damages of any
kind in connection with this agreement, even if BEARBERRYINDIA.COM has been
informed in advance.