Terms and Conditions
The domain name www.thebarcollective.com is registered in the name of BIANTE LIFESTYLE LLP which is a registered Liability Partnership under the Limited Liability Partnership Act, 2008. Its registered office is 8th Floor, 801 - 803, Saarthi Building, K M Munshi Marg, Babulnath Temple, Grant Road, Mumbai, Mumbai, Maharashtra, 400007 and another place of business is 19, Sun Industrial Estate, Sun Mill Compound, Lower Parel (W), Mumbai 400013 and is conducting the business of, inter alia, selling glassware, bar furniture, bar accessories, coolers including anything and everything you associate with a bar and other related goods, except alcohol and other consumables, under the brand name ‘The Bar Collective’.
Your use of www.thebarcollective.com and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). Our Privacy Policy, Shipping Policy, Cancellation, Returns & Refund Policy shall be deemed to be a part and parcel of the User Agreement and you shall be bound by the same. A reference to this User Agreement would include the Privacy Policy, Shipping Policy, Cancellation, Returns & Refund Policy. This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. The User Agreement describes the terms on which we offer you access to the Website and allow you to use the same to purchase any products and services.
This User Agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement” or “User Agreement”) is between you (“you” or “User” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Biante Lifestyle LLP (“Biante Lifestyle LLP” or “us” or “we” or “our”). For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "you" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User as a guest login, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password") to become Registered User. The term and expression "you" shall, unless the context otherwise requires, include your legal heirs, receivers, successors, liquidators and permitted assigns.
Please read these terms & Conditions carefully before purchasing any products or using any service or material from the website. Your use of the website to access or browse any products or services of this website indicates that you agree to all terms and conditions mentioned herein and are legally bound to the same.
1. Electronic Communication
When you use our website or send e-mails to us or placing orders with us, you are communicating with us electronically. You, by using our website or by communicating with us in any other manner, consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website or through other Services, as per our discretion.
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.
2. Accounts and Membership
If you use the Website as Registered User or otherwise, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. We reserve the right to terminate your membership and/or 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.
Account creation and Membership on the Website is free for buyers. We do not charge any fee for browsing on the Website. We reserve the right to change its fee policy from time to time. We may, at our sole discretion, introduce any new services or modify any existing services offered on the Website and can introduce fees for these new or modified services. Any changes to the fees will be posted on the Website and shall become effective immediately after they are posted on the Website.
You may only create one account on the Website (herein after referred to as “Your Account”). We reserve the right to terminate any additional accounts that may be created by you or at your behest in your name or on your behalf.
As a registered member, your address, email-id, and other delivery details become automatically saved in the "My Account" section of the Website, accessible only to you. You can track all your orders by logging in to the "My Account" section with the User ID and Password set by you. You can save items you are interested in, using the "My Wishlist" feature, for easy purchases.
Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website by various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
You are responsible for ensuring the confidentiality of your Account information. You are entirely responsible for any activity that occurs through your Account. If there is any unauthorized usage of your Account, you are required to immediately inform us. We shall not be held responsible for any damage or loss that arises from your failure to comply with the conditions mentioned herein.
You agree that if you provide any information that is not current, correct, accurate or complete or if we have reasonable grounds to believe that information provided by you is not current, correct, accurate or complete in accordance with this User Agreement, we shall have the right to terminate your Account and membership and refuse to provide you with access to the Website.
3. User Responsibility
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 do 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, 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.
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 we shall in no manner be held responsible for the same. You hereby authorise us to verify and screen the content posted by you on our website or otherwise. If the content posted by you does not comply with the aforementioned guidelines or is not appropriate in our opinion, then we shall reserve our right to not allow the content to be uploaded on the website.
4. Order placement and acceptance
The order placed by you on the Website constitutes your acceptance to purchase the product offered on the Website. Once you have placed the order on the Website, you will be intimated electronically or in any other form that we have received your order. We will, thereafter, take steps to process, which shall commence 12 hours after you have placed the order, and dispatch it to you.
For Cash on Delivery (COD) orders, which option is only available to orders which do not exceed Rs. 4,000/- in total, we will first contact you before the product is dispatched to confirm your order and then proceed to dispatch the same. If we cannot process your order as Cash on Delivery, then we will inform you electronically or over the phone. If your Cash on Delivery order is large in size or value, we may split the order and dispatch in multiple parts instead of dispatching all items together.
If the product you have ordered is out of stock or for any reason, the order placed cannot be shipped or delivered to you, entirely or partially, we will contact you to provide necessary options.
5. Payment
Online Payment
For processing payments through most online modes (except payment modes mentioned below), we use a third-party payment gateway and processor (hereinafter referred to as “Payment Processor”). When making payments, you might be required to provide your credit card or debit card details or net banking details or Unified Payment Interface details or Wallet details or other details as may be necessary to the Payment Processor. Therefore, the processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to all terms, conditions and policies of the Website, which you hereby accept.
You agree to provide correct and accurate credit card or debit card or other details to the Payment Processor for purchasing any products or availing any services on the Website. You will be solely responsible for the security and confidentiality of your credit/debit card details or other details provided by you. We shall not be responsible for any liabilities that may arise as a consequence of any unauthorized use of your credit card or debit card or detailed provided by you.
All payments made against the purchases on www.thebarcollective.com by you shall be as against the price 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 us.
Online banking, Unified Payment Interface (UPI), mobile wallets and other similar payment modes, having their own payment facility/gateway/system, process payments/transfers using such facility/gateway/ system. All such payments/transfers are, thus, also governed by the terms and conditions agreed to between you and the respective issuing bank or UPI processor or other party/entity whose payment facility/gateway/system is being used to make the payment/transfers.
Cash on Delivery
The Website offers Cash on Delivery (COD) option for certain products. The Cash on Delivery (COD) option is only available on orders that do not exceed Rs. 4000/- (Rupees Four Thousand only) in total. You are requested to verify the total amount before making a Cash on Delivery payment and then after delivery, verify the product. In case any of the product(s) delivered is/are not what you had ordered, you are required to initiate a return for such product(s) as per the Cancellation, Returns & Refund Policy.
The product shall be delivered only against the full payment of the price for such product (including shipping charges) as mentioned in the order receipt. We may disable this Cash on Delivery option temporarily or for certain products without prior notice to you.
6. Product Pricing
The price for each product shall be as disclosed to you at the time of your purchase. Prices and availability are subject to change without notice or any consequential liability to you. If a product is listed at an incorrect price or with incorrect information on the Website due to any form of error, we shall have the right to refuse or cancel any orders placed for product listed with the incorrect price or information.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been made. If payment has already been made and your order is cancelled because of incorrect price or information, we may at our discretion either issue a refund for the amount so charged to the mode of payment used for the transaction or give store credit for the amount.
7. Product Descriptions / Images
Products displayed on the Website attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to contact us within 12 hours of receipt and we vest the right to provide a solution as per our discretion.
We do not guarantee that any content will be made available through any of its services including newsletters or on any page of the Website or that posted on social media platform(s). We reserve the right, but are not obligated, to modify or remove any content, images or material, at our sole discretion, without any prior notice to you for no specific reason or any reason, including but not limited to receipt of claims or allegations from third parties or authorities relating to such content, image or material.
From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
8. Modifications to product and pricing
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website or our 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 Website or our service. We shall in our absolute discretion amend this User Agreement without notice.
9. 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, we own 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 us without obtaining authorization from us.
You shall not upload post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You 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 Website, you warrant that the owner of such material has expressly granted to us 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.
You also permit any other end user to access, view, and store or reproduce the material for that end user’s personal use. You hereby grant us, the right to edit, copy, publish and distribute any material made available on the Website by you.
10. Trademarks
The Website 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 the Website are protected by copyright as a collective work under the applicable copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material can be carried out without our express permission.
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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with us shall not be deemed to be in the public domain but rather the exclusive property of us, unless such Website is under license from the trademark owner thereof in which case such license is for our exclusive benefit and use, unless otherwise stated.
11. Intellectual Property Rights Complaints
We respect 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 the ‘Customer Care’ by way of an email as provided herein below.
12. Comments and Reviews
Any comment, review or information that you submit to post on the Website or provide to us will be treated as non-proprietary and non-confidential. We and/or the Website shall have irrevocable, transferable and royalty-free right to publish, use, copy and distribute such content. All such content shall automatically become our sole and exclusive property and shall not be returned to you. If you post any comments or reviews on the Website, you grant us the right to use all information from that respective post. Under no circumstances you shall use a false e-mail address or pretend to be someone else to post any comments or reviews on the Website. We, at our discretion, may publish the comment, review or information on the website and may at any time edit or remove or withdraw any post, reviews or comments, for any reason, without any intimation to you.
13. Indemnity
You agree to indemnify and hold us, our partners, predecessors, successors in interest, employees, agents and affiliates, harmless from any demands, loss, liability, claims or expenses (including Advocates’ fees), made against us by any third party due to or arising out of or in connection with your use of the Website.
14. Waiver
In case we take no action for your breach of these terms and conditions, the same shall not constitute a waiver of our rights. We will still be entitled to use our rights and remedies for any subsequent breach of these terms and conditions.
15. Severability
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.
16. Changes to Terms & Conditions
We reserve the right, at its sole discretion, to change, modify, add or remove portions of this Agreement including the Privacy Policy, Shipping Policy and Cancellation, Returns & Refund Policy, at any time and any or all of the content, products, features and services or change/charge any price for the product or charges for use of the services contained on the Website, at any time and in its sole discretion.
The Website may add or modify any processes, procedures or conditions of purchase at any time. We shall not be liable to you or to any third party for any changes, modification or discontinuation of any services. We reserve the right to modify, suspend or restrict access to all or part of the services at any time without any prior written notice.
Any such changes will become effective on the date it is notified as having become effective and/or on posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. It is your responsibility to check this User Agreement periodically for changes. We encourage you to review this User Agreement whenever you visit the Website. If at any time you choose not to accept this User Agreement, including following any such modifications hereto, then please do not use the Website.
17. Breach
In the event you are found to be in breach of this User Agreement or the Privacy Policy or the Shipping Policy and Cancellation, Returns & Refund 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 this User Agreement or the Privacy Policy or the Shipping Policy and Cancellation, Returns & Refund 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.
18. Dispute and Jurisdiction
Dispute
Any claims, transactions and disputes related to the User Agreement and/or the relationship between you and us or the purchases made by you with us shall be subject to exclusive jurisdiction of the courts at Mumbai, India and you hereby accede to and accept the jurisdiction of such courts.
Arbitration
If any dispute arises between you and us during your use of the Website or your dealing with us in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by both parties. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The seat of arbitration shall be Mumbai. Your obligation to pay the Fees shall not be suspended during the arbitration proceedings.
19. Force Majeure
Failure on the part of us to perform any of its obligations and the non-furnishing of any of our services as promised, shall not entitle you to raise any claim against us and our partners or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment 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 our control that directly or indirectly hinders or prevents us 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.
20. Grievance
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to cheers@thebarcollective.com or by the method provided on the Website, including but not limited to Whatsapp chat or customer grievance forms. The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
21. Governing Law
Access or use of the Website or orders placed by you on the Website or matters relating thereto, shall be governed in accordance with laws of India, regardless of the laws that might be applicable under principles of conflicts of law. This User Agreement 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 Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
