Term Conditions

Bavaria Fashion Shopping Terms and Conditions

The T&Cs in relation to the online shopping service on the Bavaria Fashion Platform set out below are applicable to and binding on you in conjunction with the general T&Cs and the SSOID terms and conditions already accepted by you. Each T&C or the SSOID term or condition is applicable to and binding on you, or any of your activities on the Bavaria Fashion Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the shopping set out below, the SSOID terms and conditions, and other service-specific terms and conditions in relation to Bavaria Fashion Shopping Services or Bavaria Fashion Platform.

Bavaria Fashion is the provider of online shopping service, where branded merchandises are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Shopping Terms as well as T&Cs in general. Bavaria Fashion offers the online shopping service to you through various modes including issue of coupons & vouchers and through various websites accessible through the Bavaria Fashion Platform. The actual contract for sale is directly between the Merchant and you. Bavaria Fashion provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Bavaria Fashion may help facilitate the resolution of disputes through various modes. Bavaria Fashion has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Bavaria Fashion does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Bavaria Fashion, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:

Bavaria Fashion, through the Bavaria Fashion Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Bavaria Fashion is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.

Bavaria Fashion may offer delivery services through its logistics/courier partners for some of the products on the Bavaria Fashion Platform as per Bavaria Fashion E- commerce’s T&Cs, which may be changed by Bavaria Fashion without any notice to you.

Bavaria Fashion is not a warrantor of the products/ services being offered on the Bavaria Fashion Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Bavaria Fashion gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online shopping service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.

The price of products offered on the Bavaria Fashion Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Bavaria Fashion Ecommerce does not either directly or indirectly influence the price of the products offered by the Merchant partner. Bavaria Fashion is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Bavaria Fashion Platform. Bavaria Fashion is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Bavaria Fashion will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.

The Bavaria Fashion Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from Bavaria Fashion. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Bavaria Fashion does not provide any guarantee with respect to any of the Third Party Content and Bavaria Fashion shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.

Cancellation

a. Cancellation by Bavaria Fashion: There may be certain orders that Bavaria Fashion’ Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by Bavaria Fashion’s credit and fraud avoidance department or due to any major technical snag. Bavaria Fashion may also require additional verifications or information before accepting any order. Bavaria Fashion 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 or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Bavaria Fashion.

b. Cancellation by the customer: In case of requests for order cancellations, Bavaria Fashion reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Bavaria Fashion receives a cancellation notice and the order has not been processed/ approved by Bavaria Fashion E- commerce, Bavaria Fashion shall cancel the order and refund the entire amount to you instantly. Bavaria Fashion will not be able to cancel orders that have already been partially or fully processed. Bavaria Fashion has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Bavaria Fashion and accept Bavaria Fashion’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.

Bavaria Fashion reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Bavaria Fashion as per certain criteria. Any Bavaria Fashion promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to:

a. Products ordered are not for self-consumption but for commercial resale;

b. Multiple orders placed for same product at the same address;

c. Bulk quantity of the same product ordered;

d. Invalid address given in order details; or

e. Any malpractice used to place the order.

Promo codes shall be subject to specific terms and conditions, from time to time, and Bavaria Fashion may disallow usage which breaches such terms and conditions.

Delivery of the Product: Your shipping address and pin code will be verified with the database of Bavaria Fashion for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Bavaria Fashion, in such cases Bavaria Fashion will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, Bavaria Fashion would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and Bavaria Fashion shall be not be held responsible in case the address shared was incorrect.

Return Policy

a. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.

b. Upon receiving your complaint, Bavaria Fashion shall verify the authenticity and the nature of the complaint. If Bavaria Fashion is convinced that the complaint is genuine, Bavaria Fashion will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Bavaria Fashion reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Bavaria Fashion in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Bavaria Fashion shall not in any manner be held liable for the same.

c. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Bavaria Fashion requests you to refuse to accept delivery and inform Bavaria Fashion at the earliest. The return process of the product may be restricted by Bavaria Fashion depending on the nature and category of the product.

d. In order to return any products sold through the Bavaria Fashion Platform, you are required to comply with the following conditions:

i. For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;

ii. Please notify Bavaria Fashion of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, Bavaria Fashion E- commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;

iii. Bavaria Fashion will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Bavaria Fashion is unable to do so, Bavaria Fashion will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Bavaria Fashion;

iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;

v. Bavaria Fashion offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Bavaria Fashion to place the return shipping costs on your invoice;

vi. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;

vii. The returned products are subject to verification and checks by Bavaria Fashion in order to determine the legitimacy of the complaint/ return;

viii. In the event the return of a product is duly accepted by Bavaria Fashion, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and Bavaria Fashion will credit your refunds directly into Bavaria Fashion Wallet account/source of payment. Refunds will be subject to the following:

a. Orders paid online will be refunded instantly through the Bavaria Fashion Wallet/source of payment;

b. For Cash on Delivery payments also the amount will be refunded into your Bavaria Fashion Wallet/source of payment;

c. You can trigger a request in your Bavaria Fashion Wallet to transfer the money from your Bavaria Fashion Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to Bavaria Fashion.

ix. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Bavaria Fashion.

By accepting the Shopping Terms here and the T&Cs in general, you accept that Bavaria Fashion may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Bavaria Fashion Shopping Service/Bavaria Fashion Platform or to any such number/e-mail address replaced and informed by you subsequently.

Content: Content on the Bavaria Fashion Platform is displayed on “AS IS” basis, in the form received from the Merchants. While Bavaria Fashion tries to offer reliable data, Bavaria Fashion cannot promise that the catalogues will always be accurate and up-to- date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.

Limitation of liability and waiver: In no event, Bavaria Fashion or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the SSOID Agreement; (iii) the Bavaria Fashion Shopping Services, the Bavaria Fashion Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Bavaria Fashion Shopping Services, the Bavaria Fashion Platform (including any and all materials) or any reference sites/app/platform/service, even if Bavaria Fashion or a Bavaria Fashion authorized representative has been advised of the possibility of such damages. In no event, Bavaria Fashion or any of its affiliates will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Bavaria Fashion Shopping Services, the Bavaria Fashion Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Bavaria Fashion Shopping Services, the Bavaria Fashion Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Bavaria Fashion, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Bavaria Fashion Shopping Service or the Bavaria Fashion Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that Bavaria Fashion has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Bavaria Fashion, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Bavaria Fashion. Bavaria Fashion would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Bavaria Fashion’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, SSOID terms and the Shopping Terms.

Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Bavaria Fashion Shopping Service or the Bavaria Fashion Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Shopping Terms (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Bavaria Fashion may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Bavaria Fashion in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or Bavaria Fashion may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or Bavaria Fashion (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Bavaria Fashion may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Bavaria Fashion. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Shopping Terms.

Jurisdiction: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Bavaria Fashion must be resolved by a court having jurisdiction in Varanasi, India. You agree to submit to the personal jurisdiction of the courts located within Varanasi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.