clothing

TERMS OF USE, TERMS OF SALE AND WEBSITE TERMS & CONDITIONS

 

These Terms of Use, Terms of Sale and Website Terms & Conditions (“Terms”) govern your access to and use of the website www.bharathon.com (“Website”), including the purchase of products offered through the Website.

The Website is owned and operated by:

BHARATHON INDIA PRIVATE LIMITED

CIN: __________________________________

Registered Office: __________________________________

Email: support@bharathon.com

Website: www.bharathon.com

Throughout these Terms, the expressions “Bharathon”, “Company”, “we”, “us”, and “our” shall mean Bharathon India Private Limited.

By accessing, browsing, registering on, or purchasing products through the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, Cookie Policy, Shipping & Delivery Policy, and Return, Exchange, Refund & Cancellation Policy.


 

1. ELIGIBILITY

 

1.1

You must be at least eighteen (18) years of age and legally competent to enter into a binding contract under applicable laws.

1.2

Persons under eighteen (18) years of age may use the Website only under the supervision of a parent or lawful guardian.

1.3

By using the Website, you represent and warrant that you satisfy the eligibility requirements specified herein.


 

2. DEFINITIONS

For purposes of these Terms:

“Account” means a customer account created on the Website.

“Customer” means any person accessing, browsing, registering or purchasing products through the Website.

“Order” means an offer placed by a Customer to purchase Products through the Website.

“Products” means apparel, clothing, athleisure products, perfumes, accessories and such other products offered by Bharathon from time to time.

“Website” means www.bharathon.com and all associated webpages, mobile interfaces, applications and services.


 

3. ACCOUNT REGISTRATION

 

3.1

Customers may be required to create an Account to access certain features of the Website.

3.2

Customers shall provide accurate, current and complete information.

3.3

Customers are solely responsible for maintaining the confidentiality of login credentials.

3.4

Bharathon shall not be liable for unauthorized access resulting from the Customer’s failure to maintain account security.

3.5

Bharathon reserves the right to suspend or terminate accounts that contain false information or are involved in suspicious activities.


 

4. WEBSITE USE

You agree not to:

a) Violate any applicable law;

b) Use the Website for fraudulent purposes;

c) Upload malicious software, viruses, malware, spyware or harmful code;

d) Attempt unauthorized access to servers, systems or databases;

e) Interfere with Website functionality;

f) Engage in data scraping, automated extraction or unauthorized collection of information;

g) Impersonate another person or entity.


 

5. PRODUCT INFORMATION

 

5.1

Bharathon makes reasonable efforts to accurately display Products, descriptions, colours, images and specifications.

5.2

Actual colours may vary due to lighting conditions, photography, display settings, screen resolutions and other technical factors.

5.3

Such variations shall not constitute a defect and shall not entitle a Customer to a refund.

5.4

Customers are advised to review the applicable size charts before placing Orders.

5.5

Bharathon shall not be responsible for incorrect size selection by Customers.


 

6. PRICING

 

6.1

All prices displayed on the Website are in Indian Rupees (INR) unless otherwise specified.

6.2

Applicable taxes shall be charged in accordance with law.

6.3

Shipping charges, COD charges and other fees shall be displayed at checkout.

6.4

Bharathon reserves the right to modify prices at any time without prior notice.

6.5

In the event of a pricing error, Bharathon reserves the right to cancel the Order and refund any amount received.


 

7. ORDERS

 

7.1

An Order placed by a Customer constitutes an offer to purchase Products.

7.2

Bharathon reserves the right to accept or reject any Order.

7.3

A binding contract shall arise only upon dispatch confirmation issued by Bharathon.

7.4

Bharathon may refuse Orders due to:

a) Stock unavailability;

b) Pricing errors;

c) Suspected fraud;

d) Payment failures;

e) Legal or regulatory requirements;

f) Suspected commercial resale.


 

8. PAYMENT

 

8.1

Bharathon accepts payment methods displayed on the Website.

8.2

Payment processing may be handled by third-party payment service providers.

8.3

Bharathon shall not be responsible for delays, interruptions or failures caused by payment gateways.

8.4

Customers warrant that payment instruments used belong to them or are lawfully authorized.


 

9. CASH ON DELIVERY (COD)

 

9.1

Bharathon may offer Cash on Delivery services in selected locations.

9.2

A non-refundable COD handling fee of INR 200 may be charged.

9.3

Bharathon reserves the right to withdraw COD services at any time.


 

10. SHIPPING AND DELIVERY

 

10.1

Delivery timelines displayed on the Website are estimates only.

10.2

Bharathon shall not be liable for delays caused by courier companies, weather conditions, governmental restrictions, strikes or events beyond its control.

10.3

Customers shall provide accurate delivery details.

10.4

Bharathon may contact Customers for verification before dispatching Orders.

10.5

Risk in Products shall pass upon delivery.

10.6

Title in Products shall pass only upon receipt of full payment.


 

11. OPEN BOX DELIVERY

 

11.1

Where open-box delivery is available, Customers are strongly advised to inspect Products at the time of delivery.

11.2

Acceptance of delivery without reporting any issue shall create a presumption that the Product was delivered in good condition.


 

12. INTELLECTUAL PROPERTY RIGHTS

 

12.1

The trademarks BHARATHON®, logos, trade names, product names, slogans, photographs, videos, graphics, content, designs and other intellectual property displayed on the Website are the exclusive property of Bharathon or its licensors.

12.2

No content may be copied, reproduced, modified, distributed, transmitted, published, sold or commercially exploited without prior written permission.

12.3

Unauthorized use may result in civil and criminal proceedings.


 

13. USER GENERATED CONTENT

 

13.1

Customers may submit reviews, ratings, photographs, comments and feedback.

13.2

By submitting content, Customers grant Bharathon a perpetual, worldwide, royalty-free, transferable licence to use, reproduce, publish, modify and display such content.

13.3

Bharathon reserves the right to remove content deemed inappropriate, unlawful, misleading or offensive.


 

14. PROMOTIONAL OFFERS

 

14.1

Bharathon may offer discounts, coupons, promotional campaigns and free gifts.

14.2

Bharathon reserves the right to modify, suspend or withdraw promotional offers at any time.

14.3

Any complimentary gift, promotional item or freebie supplied with an Order must be returned in unused condition where the underlying Order is returned or exchanged.

14.4

Failure to return the complimentary item may result in rejection of the return or exchange request.


 

15. ANTI-FRAUD POLICY

 

15.1

Bharathon reserves the right to reject, investigate or suspend transactions suspected of fraud, abuse, misuse, chargeback fraud, excessive returns or policy manipulation.

15.2

Bharathon may request identity verification documents before processing Orders, refunds or replacements.


 

16. LIMITATION OF LIABILITY

 

16.1

To the maximum extent permitted by law, Bharathon shall not be liable for indirect, incidental, special, punitive or consequential damages.

16.2

Bharathon’s aggregate liability arising out of any claim shall not exceed the purchase value of the Product giving rise to such claim.

16.3

Nothing in these Terms excludes liability that cannot be excluded under applicable law.


 

17. THIRD-PARTY LINKS

 

17.1

The Website may contain links to third-party websites.

17.2

Bharathon does not control or endorse such websites and shall not be responsible for their content, policies or practices.


 

18. INTERNATIONAL ORDERS

 

18.1

Bharathon may accept international Orders in selected jurisdictions.

18.2

International Customers shall be responsible for customs duties, taxes, import charges and local compliance requirements.

18.3

International Orders are final sale and shall not be eligible for return, exchange, cancellation or refund except where required by applicable law.


 

19. FORCE MAJEURE

Bharathon shall not be liable for delay or failure in performance resulting from events beyond its reasonable control including:

i. Natural disasters;

ii. Floods;

iii. Earthquakes;

iv. Pandemics;

v. Governmental actions;

vi. Wars;

vii. Labour disputes;

viii. Cyber-attacks;

ix. Internet disruptions;

x. Transportation interruptions;

xi. Failures of third-party service providers.


 

20. INDEMNITY

Customers agree to indemnify and hold harmless Bharathon, its directors, officers, employees, affiliates and agents from claims, liabilities, losses, costs and expenses arising out of:

a) Breach of these Terms;

b) Misuse of the Website;

c) Violation of applicable laws;

d) Infringement of third-party rights.


 

21. TERMINATION

Bharathon may suspend or terminate access to the Website at any time without prior notice where:

a) These Terms are breached;

b) Fraudulent activity is suspected;

c) Required by law;

d) Necessary to protect Bharathon’s interests.


 

22. MODIFICATIONS

Bharathon reserves the right to amend these Terms at any time.

Continued use of the Website following publication of revised Terms shall constitute acceptance of such revisions.


 

23. DISPUTE RESOLUTION

 

23.1

In the event of any dispute, controversy, claim or difference arising out of or in connection with these Terms, the Website, any Order, Product, transaction, or the rights and obligations of the parties (“Dispute”), the parties shall first endeavour to resolve such Dispute amicably through good-faith negotiations.

23.2

A party seeking resolution of a Dispute shall provide written notice to the other party describing the nature of the Dispute and the relief sought.

23.3

The parties shall attempt to resolve the Dispute through mutual discussions within thirty (30) days from the date of such notice.


 

24. MEDIATION

 

24.1

If the Dispute is not resolved through negotiations within thirty (30) days, the parties shall attempt to resolve the Dispute through mediation.

24.2

The mediation shall be conducted in Pune, Maharashtra, India, in accordance with the provisions of the Mediation Act, 2023 or any statutory modification or re-enactment thereof.

24.3

The parties shall mutually appoint a mediator. In the event the parties are unable to agree upon a mediator within fifteen (15) days, either party may approach an appropriate mediation institution located in Pune for appointment of a mediator.

24.4

The mediation proceedings shall be conducted in the English language.

24.5

All discussions, communications, documents and settlement proposals exchanged during mediation shall remain confidential and shall be inadmissible in any subsequent legal proceedings except as required by law.


 

25. ARBITRATION

 

25.1

If the Dispute remains unresolved within sixty (60) days from commencement of mediation, or if mediation is terminated without a settlement, the Dispute shall be finally resolved by arbitration.

25.2

The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any amendments thereto.

25.3

The arbitral tribunal shall consist of a sole arbitrator mutually appointed by the parties.

25.4

In the event the parties fail to agree upon the appointment of a sole arbitrator within thirty (30) days, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

25.5

The seat and venue of arbitration shall be Pune, Maharashtra, India.

25.6

The arbitration proceedings shall be conducted in the English language.

25.7

The arbitral award shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

25.8

Each party shall bear its own costs and expenses relating to the arbitration unless otherwise directed by the arbitral tribunal.


 

26. GOVERNING LAW AND JURISDICTION

 

26.1

These Terms shall be governed by and construed in accordance with the laws of India.

26.2

Subject to the dispute resolution mechanism contained herein and applicable consumer protection laws, courts situated at Pune, Maharashtra shall have exclusive jurisdiction over matters arising out of or relating to these Terms, the Website, Products, Orders, and associated transactions.


 

27. GRIEVANCE OFFICER

In accordance with applicable laws, customers may contact the Grievance Officer at:

Name: Jaspal Singh

Email: js@bharathon.com

Phone: 1234567890


 

28. CONTACT US

For customer support, complaints or queries:

Email: support@bharathon.com

Website: www.bharathon.com

Bharathon India Private Limited

Registered Office: __________________________________