GENERAL CONSIDERATIONS AND SCOPE
Berrylush Designs Private Limited- B113, Sector 67, Noida, U.P.- 201301, India maintains the internet portal www.berrylush.com, a fashion online store (hereinafter "berrylush.com"). On berrylush.com customers will be offered goods. The offering on this site is only directed at end users of legal age. Goods will only be sold in normal household quantities. These terms and conditions find application in all contracts which members enter into via berrylush.com as well as all general business relationships between Berrylush and its customers. Berrylush does not accept any other terms and conditions unless explicitly stated otherwise. If periods are stated in working days, these include all weekdays except Saturday and Sunday and all statutory holidays.
1. USE OF Berrylush.com
1.1 As part of the registration as a customer of Berrylush you will be asked to submit personal data. You are responsible for ensuring that the data is complete and correct. After you have completed the registration process, you will receive a confirmation of your registration by email. To facilitate access to the online service on berrylush.com, you will receive a password. You are obliged to treat this password and any other access data confidential and protected from access by unauthorized third parties. Berrylush reserves the right to refuse registration without giving reasons.
1.2 You indemnify Berrylush completely of any claim by third parties on first demand. By transmitting the contents to Berrylush, you grant Berrylush all exclusive rights of use over time, space and content without restriction, including transfer to a third party, which Berrylush requires for publication and dissemination, even in part, to berrylush.com. Berrylush is entitled to store or release content, and reserves the right of cancellation, reduction, modification or correction of such content.
1.3 Any person purchasing goods for the purpose of resale and any other commercial purpose has been excluded from the purview of “consumer”. In case the user buys the product from any channel such as our company owned website berrylush.com or marketplaces such as Myntra, Flipkart or any other channel, he or she should seek permission from Berrylush for the use of the Berrylush products for commercial purpose. If the user does not fall under the definition of a ‘consumer’, he or she should seek permission from authority of Berrylush for commercial use of Berrylush products, in case the products are used for reselling or used in YouTube channel, Instagram, Facebook, advertisements or using it to earn any form of compensation.
1.4 You may not use berrylush.com outside the intended frame to disrupt or manipulate particular technical processes. Interventions with the intention to seek unjustified advantage to the detriment of Berrylush or other members will result in the immediate loss of the right to purchase on Berrylush and the revocation of the customers account as a consequence.
1.5 You are only permitted to register and use one membership account at a time. Multiple registrations will be deleted by Berrylush.
1.6 In the password protected area on berrylush.com you can access your recently shipped and/or completed orders. In this area you can also change, administer and save your own data and potential subscriptions of newsletters.
1.7 Berrylush reserves the right to issue a warning, to terminate your membership or to modify or delete content you have submitted, if you violate any of the provisions of this Section 3. Any claims for damages by Berrylush remain unaffected.
2. CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
2.1 At the conclusion of contracts on berrylush.com your contractual partner is solely Berrylush.
2.3 By submitting an order by clicking "order or buy now" you make a binding contract offer. After submitting your order, you will receive a confirmation email from Berrylush. The confirmation email does not constitute acceptance of the contract. The declaration of acceptance of the contract consists in the shipping of the goods. When ordering multiple items, the acceptance of the contract applies only to goods actually shipped.
2.4 In cases where prices and description like color etc. are displayed incorrectly on Berrylush.com due to technical errors, Berrylush is entitled to action for nullification. The burden of proof regarding an error lies with Berrylush. Payments already made will be refunded (if applicable).
3. PRICES AND SHIPPING FEES
3.1 For orders on berrylush.com the prices which are listed at the time of your order on the product page apply. These prices are exclusive of taxes and the final price (inclusive of taxes) are shown in the shopping cart page.
3.2 Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
4.1 Berrylush provides the payment methods credit card, debit card, paypal and netbanking payment in advance and Cash on Delivery. Berrylush reserves the right to exclude any payment methods for individual goods and to refer to the other payment methods.
4.2 Berrylush accepts various credit cards, e.g. Visa ,American Express, Mastercard. Berrylush will charge the invoice to your credit card immediately after receipt and dispatch of the order.
5.1 The following provisions apply to all vouchers of Berrylush. The vouchers include specifically the vouchers as a result of purchase of an invited friend of berrylush.com and vouchers individually assigned to individual customers at berrylush.com.
5.1.1 Vouchers are only valid for the period announced at issue or a maximum of 180 days from the time of issuance. An extension or a transfer to another user/ customer is not possible.
5.1.2 Vouchers are non-transferable.
5.1.3 Vouchers cannot be deducted from shipping costs, if applicable.
5.1.4 Should the price of your order exceed the balance in a voucher, you can compensate the difference through the payment methods available.
5.1.5 Berrylush reserves the right to accept only one coupon per order.
5.1.6 Vouchers are not paid in cash or earn interest.
5.1.7 Vouchers will not be refunded, should you return the goods wholly or partly, or if goods can only be delivered in part (unless these returns are due to negligence on the part of Berrylush in which case the entire voucher will be re-added to the account).
5.1.8 Lost or, in particular, stolen vouchers will not be refunded. Berrylush assumes no liability for lost vouchers.
5.1.9 Berrylush reserves the right to provide alternative payment methods in accordance with point 6.1, and to refuse delivery and / or to terminate customer accounts should there be a reasonable suspicion of abuse in connection with the use of vouchers.
6.1 Delivery will only be provided to the shipping address provided by you.
6.2 Berrylush ships according to the delivery timelines provided for each product. We ensure that we ship as early as possible, but for some products the timelines are longer due to availability of products.
6.3 Berrylush does not assume any sourcing risk especially with reference to a purchase by description. Berrylush is only obliged to ship from existing stock or from stock ordered from suppliers.
6.4 In some cases Berrylush will ship from its own production.
6.5 In cases of force majeure, shipping duration may increase within reason. Force majeure shall include strike, exclusion, official intervention, energy or resource scarcity, shipping difficulties, business complications such as fire or water damage to machinery, lightning or any other unforeseeable business complications for which Berrylush cannot be held responsible. Starting and ending point of such shipping impediments will be communicated immediately by Berrylush.
6.6 Berrylush reserves the right to cancel the contract should delivery fail three times through fault of customer. Payments already made will be refunded or store credit will be given depending on the scenario.
6.7 Berrylush asks you to immediately inform the deliverer and Berrylush as soon as possible about obvious transport damage. Doing so has no influence on your warranty rights, but will help Berrylush to make its own claims against the supplier.
6.8 All delivery times mentioned are applicable after confirmation of order from us. For Cash On Delivery orders, this is after we have called and confirmed the order from your end. All order confirmations must be completed within 72 hours. After this time period if order is not confirmed by customer, it is up to the discretion of Berrylush to cancel the order.
6.9 For returns policies, please check our section on Delivery and Returns.
7. RETENTION OF TITLE
7.1 Ownership of the goods is transferred to the member upon full payment.
8.1 Berrylush is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by Berrylush's agents.
9. SERVICE AND COMPLAINTS
9.1 The satisfaction of our consumers is close to our hearts. Therefore we endeavor to deal with your concerns as quickly as possible and always provide you with our feedback after receiving your input. For service inquiries, please contact our customer service department: Email: email@example.com or WhatsApp on +918287765980
10. DISCLAIMER FOR HYPERTEXT LINKS
10.1 The website berrylush.com may include hyperlinks to other Internet sites or Social media platforms. Berrylush has no control over the content of these sites, nor does it endorses them and is not responsible for their content. Once Berrylush becomes aware of illegal content, Berrylush will remove the corresponding links from berrylush.com.
11. DATA SECURITY
11.1 As part of your registration as a customer on com you will be asked to provide personal data. This is data which is required by Berrylush to process the contracts concluded on berrylush.com. All personal data is confidential and will be treated by Berrylush in accordance with relevant legal regulations. To safeguard your privacy in online payment transactions Berrylush uses the latest encryption techniques through our payment gateways.
13. IMAGE RIGHTS
13.1 All rights to use the images on the website lie with Berrylush or our partners. The use of any image, in whatever form is prohibited unless explicit permission from Berrylush has been granted.
14. CANCELLATION POLICY
14.1 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason at any time. 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 has been charged, the said amount will be reversed back in your Card Account.(Any type of voucher used in these orders shall be pushed back into the user's account in case of cancellation by Company).
14.2 As part of usual business practice, if we receive a cancellation notice and the order has not been dispatched by us, we shall cancel the order and refund the entire amount. Company holds the discretionary right to refund the amount as customer points/check or bank refund. In the event of cancellation of order by the customer Company holds the right to not refund the voucher, if any used against such order.
- Should any provision of this agreement be legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
- Berrylush reserves the right to amend these terms and conditions for future business. Excluded from this are unreasonable changes, especially pertaining to essential contract elements, such as the main benefits owed, which would be subject of a contract modification. Berrylush will notify you of changes to the Terms and Conditions in a timely fashion. Notification of changes will include a reference to the possibility and the period of objection and the significance or consequences of the omission of contradiction. If you do not contradict the validity of the amended Terms and Conditions within two weeks of the day following the receipt of the notification of change to you, the amended terms and conditions shall be deemed accepted by you.