Terms of service
OVERVIEW
This website brandzmania.com is an Internet-based content and e-commerce portal owned & operated by Pavan Ventures (PV). In this context, "you" refers to the end-user of our website and/or services conditioned upon your acceptance of all terms, conditions, policies and notices stated here; "Service Providers" refer to independent third-party service providers and "we", "us" and "our" shall mean PV and its affiliates. PV offers this website BrandzMania.com, including all information, tools and services available from this site to you, the ‘User’. BrandzMania facilitates the user, purchase of original products of global fashion brands, such as clothing, accessories, footwear, watches, jewellery etc. (collectively called“ Products”) through the website/ mobile app and cumulatively referred to as the “Service". It offers several modes of secured payments for the purchase of Products. The sale/purchase of Products is additionally governed by specific policies of sale, like cancellation policy, refund policy, return policy etc. Additionally, specific conditions may apply to a specific product, in which case, they shall be elaborated on the webpage of that product.
There exist no commercial connection or affiliation or economic links between the brand owner/manufacturer and BrandzMania.com nor do we have any type of connection or control over the brand owners. All the products published on our website are genuine, chosen carefully in line with the latest fashion trends and sourced from global distributors/ dealers/ boutiques of these fashion brands and made available to you at the most affordable prices at your doorstep.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including the specific policies referred to above and those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service” or “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, sellers and/ or contributors of content. We reserve the right to not accept any user to our website or cancel any order at our discretion without having the need to provide any reason for the same.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. By agreeing to these terms and conditions, it is inferred that as a user, you have read, understood and accepted them, irrespective of how you choose to use our services in future. If you do not agree to all the terms and conditions mentioned in the Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited and subject to the Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of 18. You may not use our products and/or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of the Services to you.
These terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011, formulated under the Information Technology Act of 2000.
GENERAL USER CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information except for the credit/debit card or payment information may be transferred unencrypted over various networks; and may involve changes to conform and adapt to technical requirements of connecting networks or devices.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. In order to remove all ambiguity in this regard, we hereby state that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is prohibited.
The user agrees not to post any derogatory and defamatory messages on the website or through the Service. In this capacity, you shall also be liable to adhere to, but not limited to, the following rules and regulations, which include not to:
- Defame, malice, ill-treat, stalk, menace or otherwise breach the legal rights of others;
- Issue, mail, upload, distribute or disseminate any unfitting, misdirected, slanderous, repulsive, indecent or illicit matter, name, stuff or data;
- Upload or transfer data files that contain software or other material saved by rational property laws and policies unless you possess or assure the rights to that or have obtained all the necessary consents
- Transfer or disseminate files that contain viruses, debased files, or any other similar software or plans that may cause legal injury to the operation of the website.
- Break any code of behaviour or other guidelines, which may be relevant for or to any special service;
- Breach any applicable laws or rules for the time being in effect within or outside India
- Breach, ill-use, unethically change or affect any of the terms and conditions of this agreement or any other terms and conditions for the use of the website contained anywhere else.
USER WARRANTY AND REPRESENTATION
The user shall be held responsible for any message placed through their account or otherwise allowed to use the content. They will also be liable for the content infringing upon the property rights and intellectual ownership rights of others.
INFORMATION ACCURACY
While we take utmost care to provide the most accurate and recent information, we are not responsible if information made available on this site is not complete, current or accurate. The material on this site is provided for general information only and should not be relied solely upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We have made every effort to display as accurately as possible the product description, sizes, colours and images of products that appear on the website. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service except where the order is accepted by us and not cancelled. If any order is cancelled by us for any reason, which shall be our sole discretion, we shall refund the payment made to us without any interest.
EXCHANGE AND RETURNS
The Exchange and Returns are subject to our Exchange and Return Policy.
MODIFICATIONS TO PRODUCTS / SERVICE
We reserve the right but are not obligated, to limit the sales of Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
BrandzMania.com is not responsible for any type of transmission, whatsoever, received by you from any linked site. BrandzMania.com is giving these links to you only for information purposes and the inclusion of any link does not entail a promotional statement by BrandzMania.com or the linked sites or any association with its manipulators or possessors including the legal heirs or attributors, thereafter. The users are requested to validate the truth of all information and matter on their own before establishing any trust on such information.
USER CONDUCT
The user shall be held responsible for any message placed through their account or otherwise allowed to use the content. They will also be liable for the content infringing upon the property rights and intellectual ownership rights of others. BrandzMania.com brings to the user an opportunity to choose a variety of products of their choice from the largest collection of 150+ global fashion brands offered by the global sellers or boutiques. The warranty and exchange terms are provided by the respective boutiques/sellers which are located abroad.
It is further clarified that the products sold through our website are subject to the warranty and exchange provided by the seller selling the product and not subject to the warranty or exchange policy of respective brands/companies/stores/manufacturers.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, 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 rights. You further agree that your comments will not contain libellous 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.
USER’S PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy. The user hereby consents, expresses and agrees that he/she has read and has a complete comprehension of the privacy policy of BrandzMania.com and agrees to the same.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
BrandzMania.com is responsible to check that all the matter given on the website is correct, but it neither warrants nor makes any representation with regard to the quality, tone, truth or unity of any data, matter, product or service. In no event shall BrandzMania.com be responsible for any direct, collateral, punishing, accidental, peculiar, consequential harm or any other damages resulting from (a) the use or the inability to use the services or products;(b) any other matter in relation to the services; including, without restriction, damages for loss of use, data or revenue, arising out of or in any way associated with the use or performance of the website or service. Neither shall BrandzMania.com be responsible for the delay or lack of ability to use the website or related services, the planning of or failure to allow services, or for any information, software, products, services and related graphics received through the website, or otherwise arising out of the use of the website, whether based on agreement, tort, carelessness, strict liability or differently. Further, BrandzMania.com shall not be held responsible for non- accessibility of the website during periodic sustenance procedures or any unplanned abatement of access to the website that may occur due to technical ground or for any reason beyond PEV’s control. The user must understand and agree that any material and/or data downloaded or otherwise received through the website is done entirely at their own prudence and they will be the only one responsible for any harm to their computer systems or loss of data that result from the transfer of such material and/or data.
The products offered on BrandzMania.com are imported and genuine, which are sold through boutiques/sellers directly to the customers and products offered on BrandzMania.com do not include any after-sale service/warranties as they are not under the control of BrandzMania.com All sales are made by boutiques/sellers and not from the brands/manufacturers. All invoices are raised by the supplier directly to the customer. BrandzMania.com brings to the user an opportunity to choose a variety of products of their choice from the largest collection of 160+ global fashion brands offered by the global sellers or boutiques. The warranty and exchange terms are provided by the respective boutiques/sellers which are located abroad.
It is further clarified that the goods sold through our portal are subject to the warranty and exchange provided by the boutique/seller selling the product and not subject to the warranty or exchange policy of respective brands/companies/stores/manufacturers. BrandzMania.com is not responsible to the user for enforcing the warranty and exchange provided by the boutique/seller selling the product, which is available to the user on purchase of that product and the user shall directly deal with the concerned boutique/seller selling that product. BrandzMania.com is only facilitating the sale and purchase between the seller and customer on its website.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PEV, our partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. If the exclusion or the limitation of liability for consequential or incidental damages is not allowed under any applicable law of India, our liability shall be limited to the maximum extent permitted by Indian law and shall not exceed the price paid for the relevant product.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless BrandzMania, PV, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SHIPPING
Title and risk of loss for all items placed by you shall pass on to you upon boutiques/sellers shipment forwarded to the shipping bearer.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and the courts in Nashik will have exclusive jurisdiction in case any dispute arises between BrandzMania and any user.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@brandzmania.com
