Terms and Conditions
Terms and Conditions
Last updated: 2020-12-22
Welcome to BrandBerrys (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://brandberrys.in/ (together or individually “Service”) operated by BrandBerrys.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users , Buyers and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
4. Contests, Sweepstakes and Promotions
5. Shipping Policy
BrandBerrys (the “Company”), owns and operates the interactive website https://brandberrys.in/ (hereinafter referred to as the “Platform”) and the Services rendered thereof. The Company runs the Platform which is an e-commerce platform where Vendor and the Platform can list their handpicked and handmade products on the Platform for sale (“Products”).This Shipping Policy (the “Policy”) explains the terms and conditions for the shipping of the Products.
For the purpose of this Policy, the use of terms like “we”, “us” and “ours” refers to the Company and the terms “you”, “your” and “yours” refers to any natural or legal person (the “Customer”) who has purchased the Products from the Platform.
- All orders shall be placed on the interactive website https://brandberrys.in/
- If you purchase multiple products in a single transaction, then all the Products would be dispatched to a single shipping address provided by you. However, if you wish to ship the products to different addresses, then you are requested to book the orders separately based on the delivery addresses.
- All orders placed on this Platform shall be delivered to you by delivery executive as arranged by the logistics company as appointed by the Company.
- For placing an order, the minimum cart value should be INR 260. The order shall not be placed on the Platform if the cart value is below INR 260.
- The acceptable modes of payment are COD, PayU Money and PAYTM.
- The price of the product available on the Platform is inclusive of shipping charges. The total price for the product ordered including taxes and shipping charges will be displayed at the time of checking out your order.
SHIPPING AND DELIVERY
- Our shipping services are provided from 10 am to 6 pm. Any orders received by us beyond 4 pm shall be delivered the next day. Delivery timings quoted at the time of placing the order are approximate and may vary based on factors such as traffic, weather conditions, and availability of the product. We do not guarantee that orders will be delivered within the estimated time. The product you ordered will be delivered to the address designated and confirmed by you at the time of placing the order.
- All orders are delivered by our delivery executive appointed by the Company. If the order is not delivered within the estimated delivery time quoted by us, please contact us by telephone +91 9811461947 or email firstname.lastname@example.org and we do our best to ensure that you receive your order as quickly as possible.
- If the order placed by you is in stock of or is readily available with the respective Warehouse, the order will be dispatched in 1-3 business days on receipt of the complete payment for the order placed online.If order delivery time exceeds the above-committed timelines, we will contact you to determine if you want to execute the order with the new delivery time. If you do not wish to execute the order at that time the entire amount shall be refunded.
- You can track the status of your order by entering your Airway Bill Number (AWB number) or by entering Order ID which will be provided to you at the time of placing order on this Platform.
- If you fail to accept your order when it is out for delivery, or if we are unable to deliver at the stated time due to your failure to provide appropriate instructions or authorisations, then order shall be re-scheduled and all risk and responsibility in relation to such order shall pass on to you.
- You must ensure that at the time of delivery of your order adequate arrangements, including access to the premises where necessary, are in place for the timely delivery of your order.
- We shall not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative address.
- Logistics are done by the Company, hence if any damage is caused to the product during shipping, the Vendor listing its products on the Platform shall not responsible, and however, if the Vendor fails to do any of the following points then they will be responsible to accept returns as per the return policy:a) Follow the Packaging Guidelines. b) Click and email a picture of the product from all angles before shipping. c) Click and email a picture of the packaged order with the shipping label from all sides. d) Print the Shipping Label sent by the Company and attach the right one.
- On receiving your order, we shall notify the expected delivery time to you; however please note that all orders take up to 5-8 days to get delivered.
- In case of cancellation, return and refund, please refer to our Cancellation, Return and Refund Policy.
6. PLAGIARISM POLICY
This Plagiarism Policy (hereinafter referred to as the “Plagiarism Policy”) sets forth the terms that apply to the access and use of the website https://brandberrys.in/ (hereinafter referred to as the “Platform”) and the Services rendered thereof. The Platform is owned and operated by BrandBerrys (hereinafter referred to as the “Company”). The Company runs the Platform which is an e-commerce platform where Vendor and Company can list their handpicked and handmade products on the Platform for sale and Buyers can purchase it from the Platform (“Services”).
Kindly note, for the purpose of this Plagiarism Policy, the use of “we”, “us”, and “ours” refers to the Company. Whenever the context so requires, “you”, “your” or “user” shall mean any natural or legal person who browses through the Platform to gain information about the Company and Services offered by it.
Plagiarism is the act of taking or copying any original work without clearly acknowledging the owner of that work. It is the illegal and/or unethical copying of material without acknowledgment of its source. Such practice is considered a violation of the intellectual property rights of the owner of that work.
The Company is dedicated to ensuring that products on its e-commerce platform do not contain any plagiarised material or violate or infringe a Rights Owner’s intellectual property (IP) rights. Rights Owners can report infringing content they find on this Platform and submit their claim via email to email@example.com. A Rights Owner includes any person (such as a brand, a seller, a customer, or any third party) who legitimately owns intellectual property rights for the product in question.
REPORTING PLAGIARISM AND INFRINGEMENT
To submit any claim of plagiarised material or notice of Intellectual Property infringement, you must be the Rights Owner who owns the Intellectual Property being reported or an agent with permission from the Rights Owner to submit notices on his or her behalf. The Rights Owner shall provide its contact details (name, address, phone number, email address, secondary contact details) when reporting any infringement.
You can submit a trademark, copyright, patent, or other Intellectual Property claims.
You should include the following information in your report:
- Specific identification of the IP you believe is infringed: trademark, copyright, or patent registration number; the written description of or link to copyrighted work; etc. Identifying the specific listing which is the subject matter of violation would be very useful.
- Nature of infringement (whether infringement occurs on the physical product, physical product packaging, the image on the product detail page, or text on the product detail page).
- List of infringing products (URLs for the product detail page of the specified product). If you believe that only a subset of sellers are infringing, and you are not accusing the entire product detail page, then you must specifically list the infringing products.
- Any additional information that will help the Company in processing your complaint (such as order IDs of the products you are reporting).
- Your contact details (name, address, phone number, email address, and secondary contact details that we can share with affected sellers)
Infringement reporting should not be used as a mechanism to restrict other sellers listing the same product, selling a genuine product, or thwart competition.
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of BrandBerrys and its licensors. Service is protected by copyright, trademark, and other laws of India and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of BrandBerrys.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are trademark proprietor or authorised on behalf of one, and you believe that the product or product packaging available on this Platform bears your trademark but you do not make that product, then you may report the logo, word, or slogan, for trademark infringement.
If you believe a particular offer from a Seller is listing a product that infringes your trademark, then you may report that offer as infringing.
If your trademark is being used on the product detail page, but the product being sold is not your product, you may report the use of the trademark on the product detail page is infringing.
For any complaint/ infringement you can contact us on +91 98114 61947.
If you are a copyright owner or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
RESULT FROM SUBMITTING A NOTICE OF INFRINGEMENT
You will receive a confirmation message that we are reviewing your notice. We will send you a follow-up message once your notice has been processed.
If your notice is valid, we will inform the responsible sellers about your claim and share your secondary contact information with them should they have any follow-up questions.
If your notice of infringement is accepted, we will remove the content you reported and take appropriate action against the responsible sellers. However, specific actions are confidential.
If you’re notice of infringement is rejected, we will not remove the content you reported and the seller will not be actioned.You will receive a notification with the reason for the rejection of your notice.
7. CANCELLATION, RETURN AND REFUND POLICY
BrandBerrys (the “Company”) owns and operates the interactive website https://brandberrys.in/ (hereinafter referred to as the “Platform”). The Company runs the Platform which is an e-commerce platform where Vendor and Company can list their handpicked and handmade products on the Platform for sale (“Services”). This Cancellation, Return, and Refund Policy (the “Policy”) explains the terms and conditions for the cancellation, return and refund of the Services.
For the purpose of this Policy, the use of terms like “we”, “us” and “ours” refers to the Company and the terms “you”, “your” and “yours” refers to any natural or legal person (the “Customer”) who has availed or booked the services from the Platform.
CANCELLATION OF ORDERS
- You can cancel the order only within 36 hours of placing the order, post which the cancellations shall not be allowed. Cancellation Fee may be levied, as per the sole discretion of the Company.
- For order cancellation, kindly contact our customer service at firstname.lastname@example.org
- The Company reserves the right to cancel any order placed by you, with or without any explanation, as per the circumstances due to which the requirement could not be met (i.e. product or service availability, errors in the description or price of the product or service, error in your order or other reasons, etc.). We shall ensure that the applicable refunds shall be processed within a period of 1—2 working days in case of any online payments.
- The Company reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
- The Company will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
RETURNS AND REFUNDS
- Return request can be accepted, only where there is a material defect/damage found in the product, for an exchange within 48 hours from its receipt. Please note that for successful return and refund, the product should be unused, in the same condition as you received it, packed in its original packaging along with original product tags (if any).
- You shall follow the following procedure in case if you receive a damaged product: We would require images of the outer packaging of the box and pictures of the product as soon as its opened.The images are to be emailed to us providing all damage caused. Please email this to email@example.com. Make sure you include your reference/Order number, and the images mentioned above.
- Products damaged while being used shall not qualify for replacement or refund.
- If you are returning an unsuitable item for a refund we will refund the cost of the item only and not the original delivery/shipping cost. If in case you are returning a faulty item for a refund we will refund both the original shipping costs and the return delivery costs.
- If you place any order or if you request for any Return or Refund our delivery executive will pick-up and deliver the product.
- To track the status of your return/refund you can track it by entering your Airway Bill Number (AWB number) or by entering Order ID which will be provided to you at the time of placing order on this Platform.
- To return an order beyond the mentioned timelines, please contact our customer service at firstname.lastname@example.org
- The refund shall be processed through NEFT to the bank details provided by you and it should be processed within 1-2 working days from the date of Return being delivered to us.
- In case of payment failure where money has been deducted from your bank account or debit/credit card, our payment gateway partner would process the refund automatically and you shall receive the complete refund within 3-7 working days.
- Please note that we shall not be responsible for any delays in the refund is credited to your account as the same is managed by the issuing bank. In case of any delay, you are advised to contact your bank with the reference number of your refund.
For any other details, kindly contact our customer service at +91 98114 61947 during 11 am to 4:30 pm.
8. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyse the use of our Service.
10. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
12. Error Reporting and Feedback
You may provide us either directly at email@example.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.
13. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by BrandBerrys.
BrandBerrys has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
14. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
18. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
19. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
20. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
22. Contact Us
Please send your feedback, comments, requests for technical support by email: firstname.lastname@example.org