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TERMS AND CONDITIONS:
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.
Introduction
Boby.in is one of the most loved ethnic brands in the country.
a) www.boby.in (“Website”) is an Internet based content and e-commerce portal, b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. The Website at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security
You will receive a password and account ID upon completing the Website’s registration process. The Website requires you to register as a user by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Website of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Website cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. You may be held liable for losses incurred by Website or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
Services provided
Website provides a number of Internet-based services (all such services, collectively, the “Service”). One such Online service which permits users to purchase by offering a huge range of Ethnic Indian wear. The Products can be purchased through the Website through various methods of payments offered. The purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the following URL http://www.boby.in/ and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy (link for privacy policy) of http://www.boby.in/. The user further consents that the terms and contents of such Privacy Policy are acceptable to him. User Conduct and Rules You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: http://www.boby.in/ (“Website”) has endeavoured to ensure that all the information is correct, but Website neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user’s transmissions or data;
(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Website be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Website shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Website’s control.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Shipping
Title and risk of loss for all products ordered by you shall pass on to you upon Website’s shipment to the shipping carrier.
Termination
The Terms of Use will continue to apply until terminated by Website as set forth below. Website may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. If Website terminates your use of the Website or any Service, Website may delete any content or other materials relating to your use of the Service and Website will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Governing Law
These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Website shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Website shall be subject to the exclusive jurisdiction of the courts at Sonipat, Haryana, India and You hereby accede to and accept the jurisdiction of such courts
Feedback and Information
Any feedback you provide to this Website shall be deemed to be non-confidential. Website shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
(i) Your feedback does not contain confidential or proprietary information of You or of third parties;
(ii) Website is not under any obligation of confidentiality, express or implied, with respect to the feedback;
(iii) Website may have something similar to the feedback already under consideration or in development; and
(iv) You are not entitled to any compensation or reimbursement of any kind from Website for the feedback under any circumstances
SERVICES; ORDER, PRICING AND PAYMENT:
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- The Services shall include:
- Supply of the ordered product to you;
- Procuring a logistics company experienced with collection and transportation to deliver your ordered Products (“Logistics Supplier”); and
- Boby.in customer support, enabling you to contact bobytechindia@gmail.com with any queries that you may have in relation to your purchased Product/s.
- The Services shall include:
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- You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed and are payable in Indian National Rupees.
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- boby.in may not accept your order for Products if (a) the item/s is/are out of stock; (b) Boby.in is unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product / Location; (d) Boby.in finds a Product or pricing error; or (e) for any other reason at Boby.in sole discretion. In any of these situations, Boby.in will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
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- From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Boby.in will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with Boby.in to resolve such issues, and you agree that Boby.in shall have full discretion to determine the appropriate resolution in such cases.
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- While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
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- Boby.in may offer multiple payment options through various instrument(s) or mode(s) for the convenience of the customers. Boby.in reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any of the above payment options shall at all times be subject to rules, regulations and guidelines under applicable law and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process.
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- All payment transactions are subject to validation by the issuer as applicable. If the issuer of your payment instrument(s) refuses to authorise payment, Boby.in has the right to cancel the order. Boby.in cannot be held responsible if this should result in a delay in dispatching your goods/Products.
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- Boby.in reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Boby.in or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
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- Boby.in may do such checks as it deems fit before approving the receipt of/buyers’ commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Boby.in. As a result of such check if Boby.in is not satisfied with the creditability of the buyer or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/buyers’ commitment to pay transaction price.
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- All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
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- Certain orders may constitute improper use of the Website and Services. Boby.in reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Boby.in sole discretion.
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- In the event that a Product is listed at an incorrect price due to an error in pricing, Boby.in shall have the right, at Boby.in discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Boby.in may, at Boby.in discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Boby.in reserves the right, at its sole discretion and without prior notice, to limit the quantity / value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
CUSTOMER CARE:
Satender Singh
1432, Sector 23 Sonipat Haryana
Email: bobytechindia@gmail.com
Time: Mon – Fri (9:00 – 17:00)
In case you have any discrepancies and grievances in connection with this Terms of Use, you may please contact the Grievance Officer mentioned above.
Thank you for your cooperation. We hope you find this Website helpful and convenient to use.
