Terms and Conditions

Welcome to www.bombaybrown.in

We are a handcrafted footwear manufacturing design house. We also provide customisation services on request for the same. 
We recommend that each time you access our website you read these terms and conditions. 

 

Use Of Site:

Use of the Site www.bombaybrown.in, which is owned by registered company Hand Made Love India is subject to the following legal terms.

This Site includes trademarks on names and logos displayed on this Site are registered and unregistered Trademarks owned by company name. Except as expressly set out below, all rights reserved.
You may access the content included on the site www.bombaybrown.in for your own internal non-commercial use only.
You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any content, software, products or services obtained from this Site.
You may not delete or alter, in part or in whole, any copyright, trademark, intellectual property or other legal notices from any part of this Site.
You will keep any password assigned to you, which permits access to this Site or any part of this Site strictly confidential and shall not divulge it to any other person. Unauthorized use of this Site, including, but not limited to, unauthorized entry into it, misuse of passwords or misuse of any other information, is strictly prohibited.
You may not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s access to and/or use of this Site.

You may not attempt to gain unauthorised access to this Site, computer systems or networks connected to this Site, through hacking, password mining or any other means.

You must not use these facilities to commit or encourage a criminal offence, to insert, transmit or distribute viruses or corrupt data or to send any unsolicited advertisement or other promotional material (that is, “spam”).
You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.

You may not use this Site (website) for any purpose that is unlawful or prohibited by these legal terms. Unless authorized in writing by company name, company name expressly prohibits linking of any part of this Site to or from any other Sites (including so-called “deep-linking”).You are prohibited from using any marks for any purpose including, but not limited to use as Meta tags on other pages or Sites on the Internet. We may terminate your access and use of any part of this Site at any time without notice. By accessing the site ‘website’, you warrant and represent to the website that you are legally entitled to do so and to make use of the information made available via the site ‘website’.We make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the site ‘website’.

The site ‘website’ may provide Users with the ability to send email messages to other Users and non-users and to post messages on the site ‘website’. We are under no obligation to review any messages, information or content (“Postings”) posted on the site ‘website’ by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the site ‘website’ and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause; andSolely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.

 

Equipment:

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the site ‘website’ 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 ‘website’.

 

Colors

While we have made every effort to display as accurately as possible the colours of the products that appear on the site ‘website’, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

 

Electronic Communications

When You use the site ‘website’ or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

 

License and Site Access

We grant you a limited license to access and make personal use of the site ‘website’ 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 our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the site ‘website’. Any unauthorized use by you shall terminate the permission or license granted to you by us.

 

Links

The site ‘website’ or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 site or resource.

 

Fraudulent /Declined Transactions

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the site ‘website’ fraudulently.

We reserve the right to initiate legal proceedings against such persons for fraudulent use of the site ‘website’ and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

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.

 

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on the site ‘website’ 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 to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We 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.

 

Indemnity

You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. 

 

Billing

The price of our merchandise is inclusive of the GST. We reserve the right to collect taxes for shipping charges on the products sold on the site.

 

Delivery

We endeavor but do not guarantee to deliver the products to Users within 7 business / Working days from the day of close of sale depending upon the shipping location.
Factors that may result into delay in delivery could be through the logistics /courier partner, transporters’ strike etc.
We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.

Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way.  We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.

 

General

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.

This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.). 

If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.

The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

 

Arbitration

If any dispute arises between you and the Company during your use of the site ‘website’ or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

Governing Law

This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Delhi.

 

User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are our property.
Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.