Terms of service:
GENERAL CONSIDERATIONS AND SCOPE
Berrylush, #114, 4th main, Giridhama Layout, Rajarajeshwari Nagar, Bangalore- 560098 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.
USE OF Berrylush.com
- As part of the registration as a customer of Berrylush you will be asked to submit personal data. Point 14.1 is applicable in this respect. 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.
- 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.
- 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.
- You are only permitted to register and use one membership account at a time. Multiple registrations will be deleted by Berrylush.
- 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.
- 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.
CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT
- At the conclusion of contracts on berrylush.com your contractual partner is solely Berrylush.
- Berrylush.com is operated in English; berrylush.com contracts are concluded exclusively in English.
- 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.
- In cases where prices 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 immediately.
PRICES AND SHIPPING FEES
- 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.
- For returns of products, contact the Berrylush customer support via firstname.lastname@example.org or via our contact form at berrylush.com/contact-us.
- 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.
- 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.
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.
- 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.
- Vouchers are non-transferable.
- Vouchers cannot be deducted from shipping costs, if applicable.
- Should the price of your order exceed the balance in a voucher, you can compensate the difference through the payment methods available.
- Berrylush reserves the right to accept only one coupon per order.
- Vouchers are not paid in cash or earn interest.
- 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).
- Lost or, in particular, stolen vouchers will not be refunded. Berrylush assumes no liability for lost vouchers.
- 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.
- Delivery will only be provided to the shipping address provided by you.
- 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.
- 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.
- In some cases Berrylush will ship from its own production.
- 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.
- 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.
- 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.
- 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.
- For returns policies, please check our section on Delivery and Returns.
RETENTION OF TITLE
Ownership of the goods is transferred to the member upon full payment.
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.
SERVICE AND COMPLAINTS
The satisfaction of our members is close to our hearts. Therefore we endeavour 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
DISCLAIMER FOR HYPERTEXT LINKS
The web site berrylush.com may include hyperlinks to other Internet sites. 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.
- 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.
- All rights to use imagery on com lie with Berrylush or our partners. The use of the material - in whatever form - is prohibited unless explicit permission from Berrylush has been granted.
- 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).
- 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 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 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.
- Berrylush.com respects the privacy of the users of its website and has made their protection in all activities on the Internet highest priority. That means: We commit ourselves to ensuring that we treat all information provided by you with the highest diligence and integrity. This also and especially includes the cooperation with partners and third parties. Berrylush.com, however, does not accept responsibility for third parties where this is not stated separately.We seek to protect your rights of privacy on systems and the Site (www.Berrylush.com) controlled by us, but we are not liable for any unauthorised or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control, for example advertisers and websites that have links to our Site.
- Berrylush.com collects, stores and processes personal data solely in accordance with the applicable statutory provisions and to the extent necessary to fulfill the contractual relationship between the provider and the user or to provide the requested services necessary and required. Data about products that the user has put into the shopping cart can be used by the Berrylush solely for their own marketing purposes. Moreover, address and order data is collected and processed for our own marketing purposes. Furthermore, according to the applicable law, anonymous user profiles may be used for internal market research purposes and to improve our range of products and services. Personal information means any information that the user of Berrylush.com provides to us and that may be used to identify an individual (first and last name, address, fixed and mobile phone number). We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification and distribution of your data by unauthorized persons. Despite regular controls a complete protection against all dangers is, however, not possible.
- This website is using technologies provided by Google Analytics (www.google.com) to collect data for optimization purposes. This data is used in order to create user profiles under a pseudonym. Cookies can be used for this. The collected data can be used by Berrylush to present improved and individualized offers and services to the user on Berrylush.com. This data will not be disclosed to third parties. You can prevent the installation of cookies as described under section 4. However, we want to emphasize that in this case the functionality of this website might be limited.
- The user also agrees to the disclosure of his information with regard to third parties insofar as necessary to fulfill the contractual relationship between Berrylush.com and the user or to provide and improve the requested services necessary and required. Any further use of the data, particularly passing on or selling to third parties by Berrylush.com is prohibited, except for the aforementioned purpose or if the passing on of data to third parties has explicitly been agreed upon.
- Every user can refuse the use of his data for advertisement purposes at any time without any reason by sending an email to contact@Berrylush.com.They can also unsubscribe at any time from their "My Account" page.
- As a Berrylush.com member you are able to invite other persons to become members of Berrylush.com. Please be advised that you can only invite real, natural persons that you know personally. Berrylush.com only sends the invitation to the invited person and does not use the data for any other purpose. Please be advised that the invitee will receive the invitation with your name.
- You have the right to receive free information about your stored data at any time as well as the right to correct, lock or delete this data. In this case and if you have questions, suggestions or wishes, please contact us under contact@Berrylush.com. This may, however, result in the circumstance that Berrylush.com cannot longer fulfill its contractual duties. A liability of Berrylush.com or the assertion of claims for damages is excluded in this case. You can always edit your personal information in you "My Account" page.
- This website uses so-called social plugins ("plugins") of the social network Facebook, Pinterest & Twitter which are operated by their respective entities. Please read their Privacy Policies for further information on how they protect your personal data. If you do not want these parties to collect personal information about your visit to Berrylush.com, Please log out of them before visiting our website.
If we are required to intercept, disclose, monitor and/or store your personal information: (a) by law; (b) to conduct our business; (c) to secure our systems; or (d) to enforce our own rights, we will do so in the manner as prescribed by law. Such interception, disclosure, monitoring and storage may take place without your knowledge. In these cases, we will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage. Additionally, we may monitor your personal information to the extent that this may be required to determine compliance and/or to identify instances of non-compliance. This monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content. We may under certain circumstances procure an element of the services from a third party service provider. To the extent that it may be necessary, and solely for the purposes of providing the service to you, you agree that we may disclose to such third party any of your personal information that may be necessary for the procurement of services from the third party.
Changes in policy