Welcome to baayadesign.com (“Website”). BAAYA and/or its affiliates provide website features
and
other products and services to you when you visit or shop at baayadesign.com, use BAAYA
products
or services, or use software provided by BAAYA in connection with any of the foregoing.
BAAYA
provides the Services subject to the following conditions. This user agreement (“Terms and
Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or
“your” or
“Buyer” or “Customer” or “Registered User”) and BAAYA (“Company” or “us” or “we” or
“baayadesign.com”). 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.
INTRODUCTION
The domain name baayadesign.com is registered in the name of Baaya Design, a partnership
firm
having registered offices at A-301, Raghuvanshi Mills Compound, Senapati Bapat Marg, Lower
Parel
Mumbai City, Maharashtra, India- 400 013.
RIGHT TO CHANGE
Baaya reserves the sole right to update or modify these Terms and Conditions at any time
without
prior notice. For this reason, we encourage you to review these Terms and Conditions every
time you
purchase products from us or use our Website.
PRIVACY
We view the protection of your privacy as a very important principle. We understand clearly
that You
and Your Personal Information is one of our most important assets. We store and process Your
Information including any sensitive financial information collected (as defined under the
Information
Technology Act, 2000), if any, on computers that may be protected by physical as well as
reasonable
technological security measures and procedures in accordance with Information Technology Act
2000
and Rules thereunder. If you object to our current Privacy Policy and your information being
transferred or used in this way please do not use Website.
ELECTRONIC COMMUNICATIONS
When you use any of our Services or send e-mails to us, you are communicating with us
electronically. You by using our services consent to receive 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 there
under 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, BAAYA 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, utility models, trademarks, trade names, service marks, designs, know-how,
trade
secrets and inventions (whether patentable or not), goodwill, source code, meta tags,
databases, text,
content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use,
reproduce or distribute any content from the Website belonging to BAAYA without obtaining
authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by
copyright, trademark, or another proprietary right without the express permission of the
owner of the
copyright, trademark, or another proprietary right. BAAYA does not have any express burden
or
responsibility to provide the Users with indications, markings or anything else that may aid
the User in
determining whether the material in question is copyrighted or trademarked. User 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 Site,
User warrants that the owner of such material has expressly granted BAAYA 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. User also permits any other end-user to access,
view, store
or reproduce the material for that end user’s personal use. User hereby grants BAAYA, the
right to
edit, copy, publish and distribute any material made available on the Site by the User. The
foregoing
provisions of Section 25 apply equally to and are for the benefit of BAAYA, 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.
TRADEMARKS
The Site contains copyrighted material, trademarks, and other proprietary information,
including, but
not limited to, text, software, photos, video, graphics, music, sound, and the entire
contents of BAAYA
protected by copyright as a collective work under the applicable copyright laws. BAAYA owns
a
copyright in the selection, coordination, arrangement, and enhancement of such content, as
well as in
the content original to it. Users may not modify, publish, transmit, participate in the
transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or in part.
Users may
download / print / save copyrighted material for the User’s personal use only. Except as
otherwise
expressly stated under copyright law, no copying, redistribution, retransmission,
publication or
commercial exploitation of downloaded material without the express permission of BAAYA and
the
copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes
in or deletion
of author attribution, trademark legend or copyright notice shall be made. The User
acknowledges
that he/she/it does not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site or a website otherwise owned or operated
in
conjunction with BAAYA shall not be deemed to be in the public domain but rather the
exclusive
property of BAAYA, unless such site is under license from the trademark owner thereof in
which case
such license is for the exclusive benefit and use of BAAYA, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
Baaya respects 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
‘Customer Care’ by way of an email as provided herein below.
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. BAAYA reserves the right to terminate your
membership
and refuse to provide you with access to the Website if it is brought to its notice or if it
is discovered
that you are under the age of 18 years. You are solely responsible for maintaining the
confidentiality
of your User ID and Password. You are responsible for all activities that occur under your
User ID and
Password. You agree, inter-alia, to provide true, accurate, current, and complete
information about
yourself as prompted by Website registration form or provided by You as a Visitor or user of
a third-
party site through which You access the Website. If you provide any information that is
untrue,
inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in accordance with the
User
Agreement, BAAYA has the right to indefinitely suspend or terminate or block access of your
membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Site requires your permission to send you administrative and
promotional emails. We will send you information regarding your account activity and
purchases, as
well as updates about our products and promotional offers. You can opt out of our
promotional emails
anytime by clicking the unsubscribe link at the bottom of any of our email correspondences.
Please
see our Privacy Policy for details. The offers made in any promotional messages sent via
emails/SMS/MMS shall be subject to change at the sole discretion of BAAYA and BAAYA owes no
responsibility to provide you any information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update or share any
information
that is contained on the website that:
belongs to another person and to which you does not have any right to; 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; harm minors in any
way;
infringes any patent, trademark, copyright or other proprietary rights; violates any law for
the time
being in force; deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature; impersonate
another
person; contains software viruses or any other computer code, files or programs designed to
interrupt,
destroy or limit the functionality of any computer resource; threatens the unity, integrity,
defense,
security or sovereignty of India, friendly relations with foreign states, or 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. That in case it is found that you are in violation of these
express conditions,
you shall be solely responsible and shall face all legal consequences of the same by
yourself, and
that BAAYA shall in no manner be held responsible for the same
That in case it is found that you are in violation of these express conditions, you shall be
solely
responsible and shall face all legal consequences of the same by yourself, and that BAAYA
shall in
no manner be held responsible for the same.
BILLING
The price of our merchandise as mentioned on Baayadesign.com is the Maximum Retail Price
(MRP) for
the said product. Such MRP shall be inclusive of all local taxes as are applicable in India.
Additional
applicable taxes (such as custom tariffs) 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
the
combined tax rate for both state and local tax rates in accordance with the address where
the order is
being shipped. BAAYA reserves the right to collect taxes and/or such other levy/ duty/
surcharge that
it may have to incur in addition to the normal taxes it may have to pay. We may also charge
Delivery
Charges which may include postal charges/ shipment charges etc. that may be applicable for
your
country.
ORDER CANCELLATION BY BAAYA
Due to unavoidable circumstances, there may be times when certain orders having been validly
placed may not be processed or capable of being dispatched. BAAYA 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. Any type of voucher used in these orders shall be returned and made available
to the
user in case of cancellation by BAAYA.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate BAAYA for the cost of
processing
your order, handling and packing the products you purchase, and delivering them to you. For
further
information please refer to our Shipping & Payment Policy. If you fail to take the
delivery of the goods,
BAAYA may at its discretion charge you for additional shipping costs.
PAYMENT
While availing any of the payment method/s offered by us, we are not responsible or take no
liability
of whatsoever nature in respect of any loss or damage arising directly or indirectly to you
including but
not limited to the following: (a) lack of authorization for any transaction/s; (b) or
exceeding the preset
limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising
out of the
transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases/services on Baayadesign.com by you shall be as
against the
MRP displayed on the website and shall be in terms and conditions of the third party Online
Payment
Gateway Services as adopted and applicable to your transaction as approved by BAAYA. Before
shipping your order to you, we may request you to provide supporting documents (including
but not
limited to Govt. issued ID and address proof) to establish the ownership of the payment
instrument
used by you for your purchase. This is done so as to ensure a safe and foolproof online
shopping
environment to our users.
BAAYA may employ PaisaPay, and other third-party facilities, for Payments on the Website.
Such
payments can be made through electronic or through Cash on delivery transactions, as may be
permitted by BAAYA which shall be at its sole discretion. 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.
DELIVERY
BAAYA endeavors 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
BAAYA
fails to deliver any one or more products in the stipulated time frame.
REFUNDS & RETURNS
BAAYA shall make all endeavors to deliver defect-free products to the purchasers. BAAYA does
not
take title to any returned items purchased by the user unless the item is received by BAAYA.
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 BAAYA within 48 hours of its receipt. Any communication received after 48 hours of
delivery shall
not qualify for return unless expressly covered by the product warranty even in case the
said product
has been wrongly delivered.
BAAYA holds the sole discretion to determine whether a refund can be issued. For further
information
please read our Returns & Exchanges Policy.
PRODUCT DESCRIPTIONS
Products displayed on BAAYA attempts to be as accurate as possible. However, BAAYA does not
warrant that product description or other content is accurate, complete, reliable, current,
or error-free.
If a product offered by BAAYA is not as described, your sole remedy is to contact BAAYA
within 48
hours of receipt and BAAYA reserves the right to provide a solution as per its discretion.
BAAYA is
not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
PRODUCT COMPLIANCE
Products displayed/ sold on the BAAYA website are manufactured/ procured as per the
applicable
Local Laws of India and are in conformity with the required Indian industry standards.
PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from prices that are available in-store.
Further, the
prices displayed in our catalogs are quotes that may vary from country to country for the
same
product. 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.
INACCURACY DISCLAIMER
From time to time there may be information on our Website or in our catalog that may contain
typographical errors, inaccuracies, or omissions that may relate to product descriptions,
pricing, and
availability. BAAYA reserves the right to correct any errors, inaccuracies or omissions and
to change
or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software), and other services
included on or
otherwise made available to you by BAAYA are provided on an AS IS and AS AVAILABLE basis,
unless otherwise specified in writing. BAAYA makes 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 BAAYA,
unless otherwise specified in writing. You expressly agree that your use of the website is
at your sole
risk.
BAAYA does 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 BAAYA shall not be liable for any damages of any kind related to your use of this
Website.
Though BAAYA shall make all endeavor to protect its websites from any viruses or other
illegal use of
its website. However, 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 Website constitutes or is meant to constitute, advice of any kind.
All the Products sold on Website shall be solely governed by 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 is
not restricted in your territory. BAAYA shall not be responsible for any non-compliance with
regard to
the local laws of that territory for any product available on this website.
BAAYA 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.
INDEMNITY
You agree to indemnify and shall not hold BAAYA (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.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other
rules and
policies or if we are unable to verify or authenticate any information you provide or if it
is believed that
your actions may cause legal liability for you, other users or us, without limiting to the
present, without
prior notice immediately limit your activity, remove your information,
temporarily/indefinitely suspend
or terminate or block your membership, and/or refuse to provide you with access to this
Website. Any
user that has been suspended or blocked may not register or attempt to register with us or
use the
Website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other
rules and
policies, we reserve the right to recover any amounts due and owing by you to us and to take
strict
legal action including but not limited to a referral to the appropriate police or other
authorities for
initiating criminal or other proceedings against you.
Any breach of any applicable local laws of that territory shall also result in, without
prior notice
immediately limit your activity, remove your information, temporarily/indefinitely suspend
or terminate
or block your membership, and/or refuse to provide you with access to this Website.
SEVERABILITY
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, that condition shall be deemed severable and shall not affect the validity
and
enforceability of any remaining condition.
WAIVER
The failure by BAAYA 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 BAAYA of them or of the right any time
subsequent to enforce all Terms and Conditions of this agreement.
FORCE MAJEURE
Failure on the part of BAAYA to perform any of its obligations and the non furnishing of the
Service),
shall not entitle you to raise any claim against BAAYA or be a breach hereunder to the
extent that
such failure arises from an event of Force Majeure. If through force Majeure the fulfillment
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 BAAYA that directly or indirectly hinders or
prevents
BAAYA from commencing or proceeding with consummation 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.
DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between YOU and BAAYA hereto shall
be
determined and governed according to the laws of India. If any dispute arises between You
and
BAAYA regarding Your use of the Website or Your dealing with BAAYA in relation to any
activity on
the Website, in connection with the validity, interpretation, implementation or breach of
any provision
of the Terms & Conditions and/or Privacy Policy including but not limited to the rules
and policies
contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts
of New Delhi.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such
proceedings.
GRIEVANCE
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’
by
way of email toinfo@baayadesign.com
The ‘Customer Care’ shall thereafter consider the same and provide a response within one
month of
the date of such complaint/ grievance.
GOVERNING LAW
These Terms and Conditions or the documents of third-party payment channels shall be
governed
and construed in accordance with the laws of India.
This document is an electronic record in terms of the 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.
