Welcome to Babies Secret. We provide our products and services subject to the following conditions.
This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (you, your, end user, buyer, customer, registered user) and Babies Secret(We, Us, Babies Secret, Us, Our, the website).
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
The domain name website url is registered in the name of Babies Secret, a Company registered as a Sole Proprietorship under the Companies Act 1956, and having its registered offices at Your Registered Business Address.
RIGHT TO CHANGE
Babies Secret reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. Due to this, we encourage you to review these Terms and Conditions every time you purchase products from us or use our website. Continued use of the website implies your acceptance of any and all policies in effect on the website at any point in time.
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. By using our services, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Babies Secret owns all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, creatives, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Babies Secret without obtaining express and prior written authorization from us.
You shall not upload, post or otherwise make available on the website, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
We do not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
By submitting material to any public area of the website, You warrant that the owner of such material has expressly granted Babies Secret the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use.
You also hereby grant Us, the right to edit, copy, publish and distribute any material made available on the website by You. The foregoing provisions apply equally to and are for the benefit of Babies Secret, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to our Customer Care email id, so that we may address the wrong.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872.
The price of our merchandise as mentioned on our website is the Maximum Retail Price (MRP) for the said product, which is inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes and/or such other levy/ duty/ surcharge incurred, in addition to the normal taxes we may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. as applicable.
ORDER CANCELLATION BY BABIES SECRET
Due to unavoidable circumstances there may be times when certain orders having been validly placed, may not be processed or capable of being dispatched. Babies Secret reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product.
We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be, to the source of the payment, within a period of 30 working days.
While availing the payment method/s offered by us, we are not responsible or take no liability whatsoever in respect of any loss or damage arising directly or indirectly to you including but not limited to the following:
All payments made against the purchases/services by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Payment Gateway. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
Babies Secret endeavours to but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if we fail to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, and we re-ship them to you, we may at our discretion, charge you for additional shipping costs.
REFUNDS & RETURNS
Babies Secret makes every effort to deliver defect free products to You. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to us within 24 hours of its receipt. Any communication received after 24 hours of delivery shall not qualify for return, even in case the said product has been wrongly delivered. We hold the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy. Please note that minor variations that are an effect of the handcrafting process are not considered flaws or manufacturing defects, and will not be eligible for refunds or returns.
Products displayed on our website are represented as accurately as possible. However we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to contact us within 24 hours of receipt and we reserve the right to provide a solution as per our discretion. We are not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
Products displayed/ sold on our website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards. All products on our website are Made in India.
PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from prices that are available elsewhere. Prices shown on the website are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra, as applicable.
From time to time there may be information on our website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We also reserve the right to cancel orders that may be impacted by such errors of omission, without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by Babies Secret are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing.
We make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through our website, unless otherwise specified in writing.
You expressly agree that your use of the website is at your sole risk.
We do not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that We shall not be liable for any damages of any kind related to your use of this Website.
Though Babies Secret shall make every effort to protect its websites from any viruses or other illegal use of its website, we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on our Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.
It is YOUR responsibility to ensure that the products purchased on this website are not restricted in your territory. We shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
We will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to indemnify and shall not hold Babies Secret (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, only that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The failure by Babies Secret to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Babies Secret of them or of the right any time subsequent, to enforce all Terms and Conditions of this agreement.
Failure on the part of Babies Secret to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against Us or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through Force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Babies Secret that directly or indirectly hinders or prevents Babies Secret from commencing or proceeding with completion of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
RESOLUTION OF DISPUTES
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
Any grievances you have by way of use of the website can be addressed to ‘Customer Care’ by way of email to Customer Care email id. We shall thereafter consider the same and provide a response within one month of the date of any such complaint/ grievance.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.