Terms & Conditions
Terms & Conditions
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, "the Terms"). These Terms set out the rights and obligations of all users (hereinafter, "You" / "your") and those of BOMBAY BLOOM (hereinafter, "us" / "our" / "we" / "the Vendor") concerning the goods/services offered by us through this website (hereinafter, collectively known as the “BOMBAY BLOOM Services"). Before you click on the "Authorize Payment" button at the end of the ordering process, please carefully read these Terms and Privacy Statements. By using this website or placing an order through it, you are consenting to be bound by these Terms and Privacy Statements.
These terms may be subject to amendment, so you should carefully read them before placing an order of any kind.
USE OF OUR WEBSITE
These terms are the only conditions that apply to the use of this website and they replace all other conditions, except with the express, prior written agreement of the vendor. These terms are important as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that by placing your order, you unreservedly accept these terms, having read them.
You agree that:
You may only use the website to make legitimate inquiries or orders.
You will not make any speculative, false or fraudulent orders. If we are reasonable of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you if this should prove necessary (see our Privacy Statement).
If you do not give us all of the information that we need, we may not be able to complete your order.
The service is not available to any users suspended or removed from the system by BOMBAY BLOOM for any reason.
HOW THE CONTRACT IS FORMED
The information set out in the terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted. If we do not accept your order and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the "Authorize Payment" button to submit the order. After this, You will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Please note that we will confirm the shipment by sending an email that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us will only be formed when we send you the Shipment Confirmation.
The brand holds the authority of checking the authenticity of the order by call or email. On any dissatisfaction/authenticity/no response from the customer of the order been placed, the brand holds the rights to cancel the order.
The contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any money that you might have paid.
REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances that mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party because of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the order confirmation.
YOUR RIGHTS TO CANCEL
If you are contracting as a consumer, you may cancel a contract at any time before the dispatch of goods. In this case, You shall receive a full refund of the price paid for the products, following our Returns Policy. The return of a gift/credit coupon shall be governed by the use conditions of the Gift Card.
Your right to cancel a contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of any of the following products:
Products whose original wrapping has been removed
Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products.
Subject to availability, (see Clause 4 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation.
Reasons for delay could include:
Unforeseen circumstances; or
Delivery area not under our scope of network
UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts by default as a delivery practice by our carrier, the carrier shall also coordinate on the telephone number provided by you. Still, if the parcel is not being received by someone at the address given, then the parcel shall return to the brand and a refund shall be issued in case of prepaid only.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges(if applicable) or upon delivery (as defined in clause 7 above), whichever is the latter.
Upon assuring on the condition of the parcel and duly accepting the consignment, the brand does not take responsibility for the goods or their condition once the parcel is received by the customer.
PRICE AND PAYMENT
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.
The prices displayed on our website include taxes. Delivery costs are as per clause 7.
BOMBAY BLOOM 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.
We reserve the right to decline orders for bulk or high-value purchases and to change price and availability information without notice.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.
Nothing in these terms shall exclude or limit in any way our liability:
For death or personal injury caused by our negligence;
For fraud or fraudulent misrepresentation;
For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and the fullest extent permitted by law, and unless otherwise stated in these terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data; and
Waste of Management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
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 BOMBAY BLOOM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BOMBAY BLOOM 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 BOMBAY BLOOM immediately of any unauthorized use of your account or any other breach of security. BOMBAY BLOOM reserves the right to refuse service, terminate accounts or remove or edit content at its sole discretion.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
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 disasters.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Any shipping, postal or other relevant transport strikes, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor we have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us before such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
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, paedophilia, 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 libellous;
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 a 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 a 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).
REGISTRATION & SECURITY
Once registered, you will receive a confirmation mail at your registered email address.
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.
You will notify BOMBAY BLOOM of any unauthorized use of your password or account or any other breach of security.
BOMBAY BLOOM cannot and will not be liable for any loss or damage arising from your failure to comply.
LINKING TO THE 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.
LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Indian law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Mumbai courts.
If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
This agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Mumbai,Maharashtra
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