BarBella Perfumes TERMS OF USE
- This document serves as an electronic record in accordance with the Information Technology Act, 2000, and the relevant rules and amendments under it, including provisions regarding electronic records in various statutes, as amended by the Information Technology Act, 2000. This record is generated electronically by a computer system and does not require any physical or digital signatures.
- This document is published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publishing of rules, regulations, privacy policy, and Terms of Use for access or usage of the www.barbellaluxury.com website.
- BarBella Perfumes is the owner of the domain name www.barbellaluxury.com.
USER AGREEMENT
- PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR PURCHASING PRODUCTS FROM IT, YOU AGREE TO ABIDE BY ALL THE TERMS OUTLINED HERE.
- This Terms of Service Agreement (referred to as “the Agreement”) regulates your use of the website www.barbellaluxury.com and governs your purchase of products listed on the site. This Agreement also references additional policies and guidelines that apply to you. BarBella Perfumes reserves the right to modify or update the terms of this Agreement at any time by posting the revised terms on this Website. Any updates or changes to this Agreement will include the date they were made. Once these changes are posted, they will take immediate effect. By continuing to use the Website or any services offered through it, you are agreeing to the updated terms and conditions.
- We strongly encourage you to review these Terms of Use regularly to stay informed about any changes. This Agreement does not replace or modify any other agreements you may have entered into with BarBella Perfumes for different products or services. If you do not agree to these Terms (including any associated policies or guidelines), please stop using the Website and its services.
- By accepting these Terms, whether implicitly or explicitly, you are also agreeing to abide by BarBella Perfumes’ policies (including the Privacy Policy), which may be updated from time to time. If you wish to keep a copy of this Agreement, please use the print function in your web browser.
- Visit our website: www.barbellaluxury.com.
IMPORTANT DISCLAIMERS
The following disclaimers are vital in defining the relationship between you and BarBella Perfumes regarding your use of services offered through our website:
- BarBella Perfumes, along with its affiliates, associates, service providers, and technology partners, makes no guarantees or representations about the accuracy, reliability, completeness, or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the Website. Furthermore, we do not warrant that the Website will operate without errors or interruptions.
- You acknowledge and agree that BarBella Perfumes employs third-party service providers to store and process your personal data, as outlined in our Privacy Policy. These third-party providers may store and process your information in regions or countries that may not fall under your jurisdiction and may have weaker data protection or privacy laws. You accept that BarBella Perfumes does not provide any warranties, guarantees, or assurances that these third-party providers will protect your personal information. BarBella Perfumes is not responsible for any acts, omissions, misconduct, fraud, or negligence by these third parties, whether under contract, tort, or public policy.
- You understand and agree that BarBella Perfumes will not be liable for any claims related to damages, payments, refunds, or monetary compensation resulting from banking fraud, negligence, financial losses, or any other grievances arising from a data breach. This includes the leakage of personal information, such as bank or card details, due to hacking, viruses, spam, Trojans, or other cyber-attacks, which are beyond the control of BarBella Perfumes. In such cases, BarBella Perfumes cannot guarantee the security of your personal information, and the Privacy Policy will not apply until normal operations are fully restored.
- These disclaimers are in addition to any other disclaimers provided in this User Agreement.
MEMBERSHIP ELIGIBILITY
- To access the services of BarBella Perfumes through our website, you have the option to use guest login or create your own BarBella account. Certain services may require you to be logged in to your account and to have a valid payment method linked to it. You are responsible for keeping your account credentials confidential and for restricting access to your account. By creating an account, you agree to accept responsibility for all activities conducted under your account or password.
- To establish a BarBella account, you must be eligible to enter into a contract under the Indian Contract Act, 1872. Individuals classified as “incompetent persons” under this Act are not eligible for a BarBella account. Minors, defined as individuals below the age of 18 years, may use the website and make transactions only through their legal guardians or parents.
- BarBella Perfumes reserves the right to terminate your account or refuse service if it is discovered that the individual using the website and conducting transactions is classified as an “incompetent person” under the Indian Contract Act, 1872. Any individual who creates an account with BarBella Perfumes will be referred to as a Registered User.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
- As a Registered User of the BarBella Perfumes website, you are responsible for maintaining the confidentiality of your User ID and Password. You are accountable for all activities that occur under your User ID and Password.
- You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form or as submitted by you as a visitor. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BarBella Perfumes has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend, terminate, or block your access to your membership on the website indefinitely. Furthermore, we may refuse to provide you with access to the website and its services.
ELECTRONIC COMMUNICATIONS
- By using the BarBella Perfumes website or by sending us emails, data, or other communications, you acknowledge that you are engaging in electronic communications. You consent to receive communications from us in electronic form, which may occur periodically and as needed. We may reach out to you via email or through other electronic or non-electronic means.
- You have the option to unsubscribe from any emails or newsletters at any time, as indicated in the terms outlined in our Privacy Policy.
USE OF PRODUCTS & SERVICES
- The products and services offered by BarBella Perfumes on this website are intended solely for personal use. The sale or resale of products and services obtained through our website is strictly prohibited. BarBella Perfumes reserves the right to take appropriate legal action in case of any violations.
- Please be aware that we may contact our customers via phone or email for order-related inquiries, tracking updates, and marketing campaigns.
- Due to the hygienic and personal care nature of our products, they are non-returnable.
- However, if you receive a damaged, defective, or incorrect item, please reach out to us within 24 hours for assistance.
FEES AND SERVICES
- Membership on this website is completely free. BarBella Perfumes does not charge any fees for browsing or purchasing products, apart from the sale price of the items, applicable taxes as per Indian law, and any relevant delivery charges.
- If you purchase a product from BarBella Perfumes, you are obligated to adhere to our payment policies. In the event that you fail to make payment or refuse to pay for products or services purchased from us, BarBella Perfumes reserves the right to cancel the order or withhold delivery of the product. Additionally, we may take actions such as issuing warnings, temporarily or indefinitely suspending or terminating your membership on the website, and denying you access to current and future services. We also reserve the right to pursue legal action permitted by law for the recovery of any outstanding payments.
USE OF THE WEBSITE
- By using this website, you agree to adhere to the following binding principles regarding your use of the Website:
- You are solely responsible for the information you provide.
- You shall not host, display, upload, modify, publish, transmit, update, or share any information or item that:
- Belongs to someone else and for which you do not have rights.
- Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or objectionable based on race, ethnicity, or otherwise unlawful; including threats or harassment of any kind, particularly as defined by the Indecent Representation of Women (Prohibition) Act, 1986.
- Harms minors in any way.
- Violates any applicable law.
- Threatens the unity, integrity, defense, security, or sovereignty of India, or public order, or incites any cognizable offense or impedes the investigation of any offense.
- Violates any rights of BarBella Perfumes or its representatives.
- You will not copy any proprietary content from this website, as doing so may infringe on BarBella Perfumes’ intellectual property rights.
- You will not use information from the website to mislead any third party.
- You will not post any content about BarBella Perfumes on social media or any other platform without obtaining prior permission.
- You will not infringe on the trademarks of BarBella Perfumes by using the name “BarBella” or any mark that includes “BarBella” as a significant element.
LIMITATION OF LIABILITY
- In no event shall BarBella Perfumes be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Website, its services, or this agreement (regardless of how the damages arise, including negligence, torts, or public policy).
INDEMNIFICATION
- By using this Site, you agree to indemnify, hold harmless, and defend www.barbellaluxury.com, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “HOM Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with
- Your use or misuse of the Site;
- A dispute with a Member;
- Your breach of the Terms of Use;
- Your violation of any law or the rights of a third party
DISPUTE RESOLUTIONS
- Transactions on www.barbellaluxury.com are generally conducted smoothly. However, in the event of any issues, we have a Dispute Resolution process in place to address disputes amicably between Buyers and BarBella Perfumes. A ‘Dispute’ refers to a disagreement between a Buyer and BarBella Perfumes regarding a transaction on the Website. At www.barbellaluxury.com, you can register your grievance by contacting our customer care or by writing to us at shop@barbellaluxury.com. BarBella Perfumes will make every effort to resolve the issue amicably before taking any legal action or defending against the complaint.
REPORT AN INTELLECTUAL PROPERTY RIGHT VIOLATION
- If you believe your intellectual property rights have been infringed in any way through the Website, please contact us at shop@barbellaluxury.com. BarBella Perfumes will make every effort to protect your interests. However, BarBella Perfumes will not be held liable for any infringement of your intellectual property rights resulting from the availability of third-party goods or services sold on our website. Additionally, in the event of any claims regarding intellectual property right violations against BarBella Perfumes, we reserve the right to defend such claims as deemed appropriate.
GOVERNING LAW / JURISDICTIONAL ISSUE
This User Agreement, along with all rules and policies contained herein, as well as your use of the Website and dealings with BarBella Perfumes, shall be governed by and construed in accordance with the laws of India, subject to the exclusive jurisdiction of the courts located in Surat, India.
BarBella Perfumes – GRIEVANCE OFFICER
- This page is published and shall be construed in accordance with the provisions of Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IT Rules”), which requires the publication of the name of the Grievance Officer and their contact details on the website. This allows users or any victim who suffers as a result of a violation of Rule 3 (as outlined in our Privacy Policy and Terms of Use) by any other person to notify their complaints to us.
- Further, as per Rule 3(4) of the IT Rules, the Grievance Officer shall acknowledge or respond to your communication regarding a violation of Rule 3 by any other person within 36 (thirty-six) hours, and complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.
- Accordingly, the Grievance Officer for the purpose of your personal delicate information, as governed by the Privacy Policy, is:
- Name: Ankit Detroja
GENERAL
- None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and BarBella Perfumes, and you shall have no authority to bind BarBella Perfumes in any manner whatsoever.
- If any clause of the Terms of Use 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 User Agreement.
- This Agreement sets forth the entire understanding and agreement between you and BarBella Perfumes with respect to the subject matter hereof. You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. BarBella Perfumes may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that BarBella Perfumes assigns the Agreement on the same terms.
- BarBella Perfumes reserves the right, at its sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the Site. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions.