Terms of Service
Last updated: Nov 25, 2022 12:02 PM
Our offers and pricing
We offer services and digital products on this Website. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.
When you make a purchase on the Website, you will be using a third party payment processor, PayPal, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by PayPal. The following payment method(s) are accepted by the third party payment processor: American Express, bank transfer, cash, check, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee if you cancel your purchase. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.
We do not reserve the right to cancel your purchase.
We offer refunds on purchases made of the services and digital products offered on our Website. To qualify for a refund, you must submit your request to us anytime after your purchase by contacting us or via the Website. We offer refunds on any purchases made of the services and digital products offered on our Website for any reason.
WARRANTY ON PURCHASES
WE OFFER THE FOLLOWING WARRANTY ON PURCHASES OF SERVICES: SERVICES WILL BE PERFORMED WITH REASONABLE CARE AND SKILL.
WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF DIGITAL PRODUCTS:
- DIGITAL PRODUCTS WILL BE OF SATISFACTORY QUALITY;
- DIGITAL PRODUCTS WILL BE FIT FOR A PARTICULAR PURPOSE;
- DIGITAL PRODUCTS WILL MATCH THE DESCRIPTION;
- WE HAVE THE RIGHT TO SUPPLY THE DIGITAL PRODUCTS.
EXCEPT AS STATED ABOVE AND TO THE EXTENT PERMITTED BY LAW, THE ITEMS OR SERVICES SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” EXCEPT AS STATED ABOVE, NO EXPRESS WARRANTY SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:
- price reduction;
- reject the goods, services or digital products.
You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. To the extent permitted by law, these remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through their account on the Website.
Comments and uploading content
By submitting a comment or uploading content onto this Website, you grant Bhatia Clothe Stores a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
- Content that harasses others;
- Content that is discriminatory or offensive;
- Swearing, name calling and otherwise abusive content;
- Pornographic and sexually explicit content;
- Content displaying, depicting or suggesting violence;
- Content that exploits or abuses children;
- Content encouraging or committing illegal acts;
- Content sharing personal information without consent;
- Content infringing on someone’s rights, including intellectual property rights;
- Content advertising products or services without our permission.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Bhatia Clothe Stores or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.
TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED “AS IS,” NO EXPRESS WARRANTY SHALL APPLY TO THIS WEBSITE. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
Availability, errors and inaccuracies
To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.
Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2019 – 2022 Bhatia Clothe Stores or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Bhatia Clothe Stores and are either registered trademarks, trademarks or otherwise protected intellectual property of Bhatia Clothe Stores or third parties in and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Rishi Bhatia at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Bhatia Clothe Stores
Mankar Camp, Near Rail Foot Overbridge, 713144, West Bengal, India
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of , without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in .
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.