This document is an “electronic record” in defined in Section 2(t) of the Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the 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.
PLEASE NOTE THAT BFL PROVIDE SERVICES both domestically all over India and to international locations being Albania, Algeria, Andorra, Anguilla, Antigua and Barbuda, Aruba, Australia, Austria, Azerbaijan, Bahamas,Bahrain, Bangladesh, Barbados, Belgium, Belize, Bermuda, Bhutan, Bolivia, Bosnia-Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei, Bulgaria, Cambodia, Canada, Canary Islands, Cape Verde Islands, Cayman Islands, Chile, China, Colombia, Comoros Islands, Cook Islands, Costa Rica – San José, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Estonia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guyana, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Laos, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Malta, Martinique, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Norway, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome + Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Switzerland, Taiwan ROC, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Tuvalu, U.S. Virgin Islands, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen. Please confirm that your country is included within the list of countries provided herein before placing an order.
The ToU describes and controls your legal relationship with BFL, and the Website is only a platform that can be used by Users/Buyers to reach a larger base of Designers (including You) who yet are without the spotlight, despite having the talent to bring freshness, spark and dynamism to the world of design and fashion. BFL can provide You with ancillary services like creating logos, design, look books or any such marketing material at a cost as would be separately agreed between You and BFL. When You use any of the services provided by us through the Website including but not limited to customer reviews, You are governed by these ToU. At no time, shall BFL hold any right, title or interest over the products or have any obligations or liabilities in respect of such sale of products.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the ToU or the right to use the Website by You contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
Registered User Account, Changes and Termination:
The Designer has to set up an account with the Website before availing any online services provided through the Website. As a new Registered User, this ToU, BFL’s Terms and Conditions of Sale and Privacy Policies and any changes made herein, from time to time, shall be effective and binding upon your ‘Acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘Check Box’ and on the ‘Continue’ button as provided on the registration page. If You do not agree or are not willing to be bound by the terms and conditions of this ToU and BFL’s Terms and Conditions of Sale and Privacy Policies on personal information provided by You, please do not click on the ‘Check Box’ and on ‘Continue’ button and do not seek to obtain access to or otherwise use the Website. You shall not claim invalidity of this ToU merely on the grounds that this is being concluded electronically. One designer can create one Registered User Account only and no designers are permitted to transfer or interchange the Registered User Account. As long as You comply with the ToU, we grant You a personal, royalty-free, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
These ToU could be changed, altered, edited, amended, modified, reviewed, revised or substituted by BFL at any time with or without prior notice and Registered Users are advised to regularly check for any amendments or updates to the terms and conditions contained in this ToU and in BFL’s Terms and Conditions of Sale and Privacy Policies on personal information provided by You. If the revised version of this ToU includes a Substantial Change, BFL will provide You with 10 days’ prior notice of such Substantial Change/s by email provided by You while create a Registered User Account. For the purpose of this User Agreement, the term “Substantial Change” means a change to the terms of this ToU that reduces your rights or increases your responsibilities.
The agreement with BFL can be terminated by closing your Registered User Account. Notwithstanding the foregoing, these provisions set out in these ToU which by their very nature survive are meant to survive termination, shall survive the termination of your Registered User Account. .
The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the Fee Policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the users of the Website. Your continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
We require Registered Users of the Website to be at least (18) eighteen years old since this is the minimum age to enter into a legally binding contract under the Indian Contract Act, 1872. Any User under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian in accordance with applicable law. By accepting the ToU, the Registered User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws. If any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website. A resolution passed by such organization to the effect of granting such authority should be scanned and emailed to email@example.com OR uploaded on the Website at the time of registration. BFL reserves the right to refuse access to use the services offered at the Website to New Users or to terminate access granted to existing Registered Users at any time without according any reasons for doing so.
How to use the Website:
Registered Users may upload and display the images and provide description, specification, information of your products, your terms and conditions (hereinafter referred to as “Your Content”) offered for sale on the Website’s online platform. Further, You are solely responsible for Your Content, and information provided on your products to any person, and for the resolution of any disputes that arise between You and any other person because of Your Content. You are solely responsible for terms and conditions (including price, surcharges applicable, payment methods available, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products) offered or accepted by You as a Seller to any prospective Buyer of the products. BFL is merely an intermediary and does not interfere in the transaction between Buyers and Sellers. Consequently, BFL has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for the products.
You unconditionally agree, undertake, declare and confirm that You shall not post, host, display, upload, modify, publish, transmit, update or share any content that:
- a) You do not own, or control all of the rights or that it belongs to another person;
- b) Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- c) Harm minors in any way;
- d) Infringes or violates any Patent, Trademark, Copyright, Trade Secret, Publicity or Privacy Rights or Other Proprietary Rights of BFL or any Third Party;
- e) False, misleading, deceptive, ambiguous or inaccurate in any way leading to exaggeration, overstatement or over highlighting the attributes of any items with a view to mislead Other Users purchasing the product in any manner;
- f) Contains unauthorized videos, photographs, images, moving images or other media of another person (whether a minor or an adult);
- g)Are identical to other items You have up for sale in other websites but are priced lower than your item’s price on BFL;
- h) Violates any law for the time being in force;
- i) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- h) Impersonate another person;
- i) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- j) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- k) Interferes with another’s use and enjoyment of the Website;
- l) Delete or revise any content posted by any Third Party.
You also admit, acknowledge, understand and recognize that:
- a) Any use of the Website or other provisions of the Website in violation as provided herein, violates these ToU and may result, in among other things, termination and suspension of your Registered User Account and your rights to use the Website.;
- b) BFL does not make any representation or warranty as to specifics (such as quality, value, saleability, condition etc.) of the products or services proposed to be purchased on the Website.
- c) BFL does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such terms between the Buyers and Sellers;
- d) All discounts, offers (including exchange offers) are by You and not by BFL;
- e) BFL does not make any representation or warranty as to the creditworthiness, identity etc. of any of its Users/ Buyer and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers;
- f) In the event, BFL discovers that any item listed on the Website is identical to other item You have up for sale on other websites and are priced lower than your item’s price on BFL, BFL has the option to match the price with other websites by reducing the price of such item on the Website. BFL shall communicate the reduction of price to You by email;
- g) Contract between You and the Buyer is strictly a bi-partite agreement and BFL is not involved in determining the terms and conditions including price, return/exchange policy, payment options available, mode and time of delivery, after sales services etc. BFL does not claim responsibility in any manner whatsoever (including but not limited to your unsatisfactory, unacceptable, substandard, delayed performance or non-performance of services or non-payment/delayed payment by the Buyer). BFL does not at any point of time during any transaction come into or take possession of or gain any title, rights, claims or obligations for of any of the products or services offered or accepted by You;
- h) That the images and content shot and created by BFL in order to showcase and sell your products on Website will be solely owned by BFL and can only be used by BFL for the purposes it is created for. Such images and content cannot be used by You without the previous approval of BFL;
- i) That the payment facility provided by BFL is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or Payment On Delivery (POD), collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, BFL neither acts as a trustee nor fiduciary with respect to transaction or Transaction Price;
- j) All Your Content may be visible to, sent to, and viewed by all other Users of the Website, and You expressly waive any privacy rights You may otherwise have to Your Content. You agree to allow us, if we elect in our sole discretion, to email Your Content to other Users;
- k) Display of the Designers/Sellers products or related information on the Website in no manner can be treated or construed as an endorsement or advertisement of such products by BFL;
- l) BFL may use mechanisms that rate, or allow Users to rate or give comments on your products and/or your performance as a Seller on the Website and BFL may make these ratings and feedback publicly available for other Users;
- m) FL may advertise and/or market Your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto;
- n) BFL may access, use or disclose any information to government agencies about You or your use of this Website, including, without limitation, any User content, personal information and other information for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences; to protect and defend the rights or property of BFL; or to protect the safety of BFL, its affiliates, parent, their respective directors, employees, officers, customers or the public;
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT/GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing and sale of items. In addition to providing all the requisite information and such records / documents etc. as may be required, You agree to provide a proof of VAT registration at the time of registering as a Seller on the Website. The requirement of providing a VAT registration is mandatory for all Sellers on the Website;
- p) BFL has no control over the Third Party User generated contents and does not provide any guarantee with respect to any such content and BFL shall not be held liable for any loss suffered by You based on your reliance on or use of such data/content;
- q) BFL is not responsible for the use of any personal information that You publicly disclose or share with others on the Website;
- r) BFL does not monitor but reserve the right to review, monitor, edit and delete, at its sole absolute discretion, any of Your Content for any or no reason without notice;
- s) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website;
- t)You may not use this Website or the BFL’s Content for any purpose not related to your business. You are specifically prohibited from: (a) downloading, copying, storing, modification, re-production, re-transmitting or publishing any or all of the Website or BFL’s Content without, or in violation of agreement with BFL; (b) conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting); (c) using this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) accessing data not intended for such User or logging onto a server or an account which the User is not authorized to access; (e) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (f) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (g) sending unsolicited email, including promotions and/or advertising of products or services; or (h) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Such unauthorized use may also violate applicable laws including without limitation Copyright and Trademark Laws, Publicity and Privacy Laws, Moral Rights, and applicable communications regulations and statutes and can invite civil or criminal liability,
- u) You will not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You are allowed to use this Website only for lawful purposes and activities; and
Representation and Warranties:
You represent and warrant that:
- a) You have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder;
- b) You are under no legal disability or contractual restriction that prevents You from entering into this agreement;
- c) You are at least 18 years of age;
- d) Your Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection;
- e) if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs, the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Your Content created by you, and to license such Content to BFL for the purposes set forth herein.
- f) The content does not violate any applicable laws and/or regulations, and does not infringe the Copyright or any Other Rights of any Third Party, including, without limitation, Trademark Rights and the Rights of Privacy and Publicity;
g) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect Your Content or which might in any way impair the rights granted by You hereunder.
General Terms and Conditions of Sale between You and the Buyer:
- a) Listing by Registered User:
- All listed items must be listed in an appropriate category on the Website. You agree not to list a single product in multiple categories on the Website. BFL reserves the right to delete such multiple listings of the same product listed by You in various categories. BFL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the Website.
- Each listed item which is available in multiple colours should be listed in one listing.
- All listed items must be kept in stock for successful fulfilment of sales. Any listed item not currently available in stock should mention ‘Out of Stock’. Any listed item which will never be available by the Designer/Seller should be deleted from listing.
- TThe listing description of the item must not be misleading and must provide description, specification, size and colours available, material used, information of your products, hand washable or not, price (including discount, if any), shipping and return policy, applicable taxes, POD option etc. If the item description does not match the actual condition of the item, You agree to refund any amounts that You may have received from the Buyer.
- b) Placement of order by you with the Seller on the Website:
- By placing an order on the Website, the Buyer initiates the transaction by making an offer to buy the product(s) from You on terms and condition stated by You in that listing. Please note that shipping is provided to Buyers internationally, and countries included are listed in Shipping Policy.
- Buyer would have the option to make an outright purchase of products listed on the Website or place a Custom-Made Order / Pre-Order on the Website as per your requirement.
- The Buyer will be required to confirm/enter a valid phone number, address of billing and delivery and email address while placing an order on the Website.
- By registering your phone number with us, You consent to be contacted by BFL via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. BFL will not use your personal information to initiate any promotional phone calls or SMS.
- Even after the Buyer placing the order, You retain the right to cancel any such item/order placed (fully or partly) by the Buyer, at your sole discretion. Any cancellation shall be intimated to the Buyer by way of an Email or SMS and any Transaction Price paid by Buyer in case of such cancellation by You, shall be refunded to the Buyer proportionately.
- c) Price, Tax and Shipping Charges:
- All prices will be in Indian Rupees for domestic purchases and in US Dollars for purchases made internationally and determined by You.
- You may issue promotional codes for promotional purposes only and these are to be used against purchases from your products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
- Prices for products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
- AAll applicable taxes payable by the Buyer should be separately reported in the cost for purchasing the product and should be available to view in all order related emails.
- The Payment On Delivery (POD) charge can be viewed at the time of placing the order and in all order related emails, if the same is available and selected on a transaction.
- For Domestic and International Shipping, You cannot charge separate shipping and handling fees. However, this does not include any octroi, entry fees, dynamic fuel surcharge, extended service area surcharge etc. levied by any particular state or city or country and would be paid separately by the Buyer to the Logistic Partner at the time of delivery for each shipment in cash or by debit/credit card. For orders shipped internationally, surcharges should be paid in US Dollars.
- Further, services for International Shipping is available from Monday to Friday and products would be delivered on weekdays only. In the event, the Buyer wants the order to be delivered on a Saturday, additional charge of ₹1500 per shipment would be applicable or as may be levied by the Logistic Partner from time to time.
- d) Payment by Buyer:
- You have specifically authorized BFL or its Service Providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Payment On Delivery to and from other Users in respect of transactions through payment facility.
- BFL may enter into agreements with Third Party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Buyers and Sellers. The Website shall initiate the remittance of the payments made by the Buyer.
- WWhile availing any of the payment method/s available on the Website, the Website 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
- Any payment issues arising out of the transaction, or
- Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User,
- Decline of transaction for any other reason(s).
- At your discretion, for domestic shipping and for purchases not above Rs. 20,000/- (Rupees Twenty Thousand Only), You can provide Payment On Delivery (POD) option to the Buyer. POD option may not be available for specific pin codes. The Logistics Partner shall facilitate in collecting payment by credit/debit card (and not cash). POD fees payable by the Buyer should be separately reported in the cost for purchasing the product and should be available to view in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
- Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the Buyer.
- Website will send a notification by Email or SMS at the email address or mobile number provided to BFL confirming receipt of payment after the payment for order has been successfully received.
- BFL reserves the right to refuse to process transactions placed by the Buyer (including when You select Payment On Delivery option), if the Buyer may have a prior history of questionable charges (including without limitation suspicious transactions, breach of any agreements by the Buyer with BFL or breach of any policy). Consequently, You acknowledge that there can be delay in intimation of transaction between BFL to You.
- e) Payment to you by BFL:
- In an out-right sale, You will receive payment from BFL after the products ordered have been dispatched and delivered to the Buyer and a notification of such delivery has been received by BFL (hereinafter referred to as the “Completion Date”).
- “Appropriate Amount” will be transferred to the account (details of which has been provided by You and confirmed by us) within a period of 7 (Seven) days from the Completion Date.
- “Transaction Price” includes basic price of the products plus applicable taxes. In the event the Buyer selects Payment On Delivery Option, Transaction Price includes a fee charged by the Logistics Partner to facilitate this option.
- Amount paid to You is calculated as under
- Appropriate Amount = Transaction Price – Agreed percentage of commission on Transaction Price (before POD fee) – Actual Shipping & Handling Charge, Packaging and Insurance Charges paid by BFL to the Logistic Partner – Applicable Taxes – POD fee, if any.
- In the event, the product is returned/cancelled by the Buyer and the Transaction Price is refunded by BFL to the Buyer, You are required to refund all the Appropriate Amount paid by BFL for the product returned/cancelled by the Buyer. Further, if the product is returned/replaced by the Buyer for reason being the product sent by You was defective/incomplete/incorrect, You are required to bear any shipping and handling charge paid by the Logistic Partner for that particular transaction.
- BFL is entitled to deduct from the Appropriate Amount, any amount payable by You to BFL for packaging materials supplied to You by BFL.
- It is agreed and understood by You that in the event the Buyer places a Custom-Made Order /Pre-Order and makes the payment to BFL, You are entitled to receive only 25% of the Appropriate Amount on the Transaction Price. The Balance Appropriate Amount on such order will be paid to You by BFL within a period of 15 days from Completion Date.
- f) Delivery of Order:
- The offer to purchase products initiated by the Buyer is accepted by You when the product is dispatched and a notification by Email or SMS is sent to the Buyer that the product has been dispatched to You. The Buyer can cancel your order for a product at no cost any time before You send this dispatch notification.
- The date of completion of transaction shall be after the order is delivered to the Buyer.
- You, as a Seller, shall be required to dispatch the products for every transaction to the Buyer within the time period as provided in the policies and time period stipulated by You in your listing. All deliveries shall be made on a best efforts basis. Further, You undertake and will be solely responsible for undertaking transit insurance for products sold on the Website.
- For each transaction, You are required to use packaging materials provided by BFL at price agreed between You and BFL.
- For each transaction, You are required to use the services of Logistic Partner of BFL for dispatching and delivery of products.
- You will send a notification by Email or SMS at the email address or mobile number provided to BFL confirming dispatch of products as per the order.
- You can send multiple parcels for different products purchased in a single order.
- You are liable to maintain Proof of Dispatch and Proof of Delivery for each transaction and should produce to BFL on demand. BFL shall not be responsible for any delay in delivery of products to the Buyer or for any damage to the product in transit due to mishandling by the Logistics Partner. BFL shall not compensate for any mental agony caused to You due to delay in delivery or mishandling of products.
- You will be responsible to pay damages, if any, to the Buyer.
- Please review our Shipping Policy which applies to sale of products through the Website.
- g) Cancellation of Order:An order can be cancelled either by BFL, You or by the Buyer;
- By BFL:BFL can cancel transactions placed by the Buyer if the Buyer may have a prior history of questionable charges (including without limitation suspicious transactions, breach of any agreements by the Buyer with BFL or breach of any policy).
- By you:You can cancel any transaction or part of it placed by the Buyer if the product has been ‘Out of Stock’ after the purchase was made.
- By the Buyer:The Buyer can cancel our-right purchase transaction or part of it at no cost any time before he receives a dispatch notification by Email or SMS that the product has been dispatched. Pre-Ordered or Custom-Made transactions cannot be cancelled by the Buyer.
In the event, the order is cancelled as mentioned above, the Buyer is entitled to full refund and any amount paid is refunded by BFL to the Buyer in the account used for payment, as soon as the order is successfully cancelled. Further, if You have received Appropriate Amount from BFL for transaction which was subsequently cancelled, You should forthwith refund the Appropriate Amount paid to You by BFL on such cancelled order.
PLEASE NOTE: Pre-Ordered or Custom-Made order placed by the Buyer CANNOT be cancelled by You.
- h) Return Policy:The Return Policy must be provided by You in each of your listing. We advise You to provide detailed Return Policy to avoid future disputes. The Return Policy provided by You in each listing must incorporate the terms and conditions stated herein.
In the event, the Buyer wishes to return an item received, following options could be availed by him:
- Refund (PLEASE NOTE THAT ITEMS SHIPPED INTERNATIONALLY CANNOT BE REFUNDED. DEFECTIVE /INCOMPLETE ITEMS WILL BE REPLACED BY THE SELLER)
However, No products will be eligible for return/refund/exchange:
- If the product has been damaged by the Buyer.
- Buyer has asked for a replacement/exchange/refund after 5 days of Completion Date.
- Product have been washed, used, soiled, damaged, stained or is without original tags or seals.
- If as per You, the product returned is not the product that was delivered.
- Without correct and complete product including freebies and accessories are returned.
- Unless shoes are tried on a carpeted surface and should be returned unmarked and in their original, undamaged shoebox as this is considered part of the product. Shoes that are returned without a box, in a damaged box or with marked soles may not be accepted.
- For intimate apparel, briefs, swimming costumes and bikini bottoms unless it is tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled.
Subject to your Return Policy, Buyer has the following option in different scenarios:
- Replacement, if wrong product received by the Buyer.
- Another Shipment, if part/accessory missing.
- Replacement, if product was defective.
- Refund, if the Seller description/specification wrong and do not match with the product received by the Buyer.
- Exchange, if there is a size issue of the item.
- i) Return Procedure:
- To return a product in your order, the Buyer has to follow the simple steps below:
- Log into Your User Account.
- Go to Account and select ‘Orders’.
- Click on ‘Return’ against the product You wish to return.
- Fill up the form and type the reason for which product is being returned.
- Submit Request.
- Once the return request is placed, the item the Buyers wishes to return will be picked up from the place it was delivered.
- The replacement or the exchange item would probably be delivered at the same time when an item is returned.
- The refund on items returned will be processed within 3 days after the item is delivered to You and You have checked, verified and confirmed the returned item and have intimated to BFL to process a refund.
- To return a product in your order, the Buyer has to follow the simple steps below:
- j) Refund Policy:
- Refund, if any, shall be made by BFL to the same Issuing Bank from where Transaction Price was received.
- Refund shall be made in Indian Rupees only.
- In case the Buyer does not raise a refund claim using Website features within the stipulated time, it would make the Buyer ineligible for a refund.
- If You have received Appropriate Amount from BFL for transaction which was subsequently refunded by BFL, You should forthwith refund the Appropriate Amount paid to You by BFL on such order that was refunded. Further, if the item is returned/replaced by the Buyer for reason being the product sent by You was defective/incomplete/incorrect, You are required bear any shipping and handling charge paid by the Logistic Partner for that particular transaction.
- Fee charged by the Logistic Partner on Payment On Delivery option will not be refunded.
- a) Listing by Registered User:
Limitation of Liability:
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall BFL or any of its employees, directors, officers, agents, vendors or suppliers be liable to You or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of BFL has been advised of or should have known of the possibility of such damages. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will BFL be held liable for any losses or claims arising out of such inaccessibility to You and You expressly waive any claims against BFL in this regard.
This disclaimer constitutes an essential part of this agreement. This Website is provided by BFL on an “as is” and “as available” basis. BFL makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on this Website. To the full extent permissible by applicable law, BFL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, BFL disclaims any and all warranties, express or implied, for any merchandise offered on this Website.
Notwithstanding its reasonable efforts in that behalf, BFL cannot control the information provided by other Users, which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, erroneous, ambiguous, misleading or deceptive. BFL disclaims any such information and requests Users to use caution and practice safe trading when using the Website. BFL disclaims any risks associated with dealing with foreign nationals, underage persons or people acting under false pretence.
This disclaimer does not apply to any product warranty offered by the manufacturer of the item.
Intellectual Property Rights:
Intellectual Property Rights (“IPR”) for the purpose of these ToU shall always mean and include Copyrights whether registered or not, Patents including rights of filing Patents, Trademarks, Trade Names, Trade Dresses, House Marks, Collective Marks, Associate Marks, displaying Rights, Distribution Rights, Selling Rights, Reproducing Rights, Performing Rights, Communicating Rights etc. in relation to the Website.
All IPR on the Website exclusively belong to either the Website or the Third Party Sellers and Designers, as the case may be.
The Parties hereto agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in the name of User and any Intellectual Property Rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
You agree to defend, indemnify and hold BFL harmless from and against any and all claims, damages, costs, losses, judgements, penalties and expenses, including attorneys’ fees, arising from or related to
- a)Your use or inability to use the Website;
- b)Your violation of any these ToU;
- c)Any representation or warranty contained herein;
- d) Your unauthorized use of the Third Party content;
- e)Your violation of any Third Party right, including without limitation any Copyright, Trademark, Trade Secret or Other Property, or Privacy Right;
- f) Any claim that Your Content caused damage to a Third Party.
If any Registered User believes that any objectionable content is hosted on the Website or the user’s rights are being infringed, such User shall immediately inform the Grievance Officer by following the Website’s Notice Procedure mentioned below. The Website will endeavour to remove such content as soon as possible after investigation. No untrue or false information or allegation shall be made by the User and if any User is found misusing the notifying procedure, the Website reserves the right to terminate such User’s Account and shall take appropriate legal action, civil and criminal, against the User.
It is repeated and reiterated that BFL’s role and responsibility is completed on taking down the infringing or objectionable content as alleged in the notice and BFL shall in no manner be liable for or in relation to the infringing or objectionable content. BFL shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the User who notifies the objections and the User against whom the objections are raised.
We shall not be liable for any failure to perform any obligations under this ToU, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event that is beyond BFL’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
No failure or delay by BFL in exercising any right, power or privilege under the ToU shall operate as a waiver of such right or acceptance of any variation of the ToU. Any failure or delay by a party to enforce or exercise any provision of these ToU, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these ToU or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
If any provision of these ToU is void or declared void, deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these ToU, and the remainder of the ToU shall continue in full force and effect.
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Mumbai.
All notices to be issued pursuant to these ToU shall be served to the Registered User by Email or by General Notification on the Website. Any notice to be sent to the Website pursuant to these ToU shall be sent to the Website’s Grievance Officer by e-mail: firstname.lastname@example.org
In case You reject a return request of the Buyer, Buyer can raise a dispute before the Grievance Officer. BFL will then try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to You. If the dispute is settled your favour, Buyer will not be entitled to any refund.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Wilfred Fernandes
Yo Sports Management Private Limited
506, A-Wing, Kanakia Western Edge II,
Western Express Highway, Borivali East,
Mumbai, Maharashtra 400066
Phone: +91- (022) 28700303/ 2299/ 2277
Time: 10am to 6pm (Monday to Friday) (Saturday and Sunday closed)
This ToU shall come into effect on 0000 hours Indian Standard Time.