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TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
- INTRODUCTION
- This website www.beautifulindia.com (“Website”) is owned and operated by Elohim and Kenneth Ventures Private Limited, a company incorporated and existing under the laws of India with its registered and head office at 401A, 4th Floor, Neelam Centre, A Wing, Hind Cycle Road, Worli Mumbai, Maharashtra, India – 400030 (“Company/We/Us/Our”).
- In order to use this Website, You must agree, without any qualifications, to these terms and conditions including the privacy policy contained herein (“Privacy Policy”) (these terms and conditions and the Privacy Policy are collectively referred to as the “Terms”), which govern Your use of this Website. Please read these Terms carefully as they affect Your legal rights and obligations.
- You may be accessing the Website from a computer, mobile phone device or any other device and these Terms govern Your use of Our Website and Your conduct, regardless of the means of access of the same. These Terms govern all the Products offered on the Website, and these Terms are governed by the laws of India.
- “Products” means the products offered on the Website that include but are not limited to luxury perfumes, luxury candles and luxury body care products, as and when the same are made available, from time to time.
- “You/Your/User(s)” means any natural or juristic person that opens, accesses, uses the Website and/or purchases or receives the Products of the Company.
- We are committed to ensuring full customer satisfaction with respect to the Products available on Our Website, security and customer assistance.
- ACCEPTANCE OF TERMS OF USE
- These Terms constitute a legally binding agreement between You and the Company. Use or access of any part of the Website constitutes unconditional acceptance of these Terms by You.
- This Website is made available to You to access, on the condition that You accept these Terms, without modifications and reservations of any of the terms as contained herein by You, and by accessing the Website, You represent and warrant that You have read and understood, and agree to be bound by these Terms, without limitation or qualification.
- You shall ensure that prior to any third party accessing the Website through Your account and/ or electronic device, You shall cause such person to understand and accept the Terms contained herein.
- You are responsible to ensure that Your access to this Website is compliant with the applicable laws of the jurisdiction in which You access or view the Website.
- If You do not understand the Terms herein, or do not agree to be bound by these Terms, You may not use or otherwise access this Website in any manner including but not limited to, purchasing any Products.
- The Website is only to be used for Your personal and non-commercial use and information.
- ELIGIBILITY
- By using this Website, You represent and warrant that You are at least 18 (eighteen) years of age and are otherwise capable of entering into a contract under applicable laws of the jurisdiction from where You access or view the Website.
- The Company shall at all times assume, and by using this Website You warrant that You have the legal capacity to enter into the agreement set out in these Terms (i.e., that You are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract) and such Terms will be legally enforceable against You to the maximum extent permitted by applicable law.
- In any case, this Website is not intended for persons under 18 (eighteen) years of age, and You shall use this Website or purchase Products available thereon if You are above 18 (eighteen) years of age, as prescribed by applicable laws in India.
- CHANGES OR MODIFICATIONS TO THE TERMS
- The Company reserves the right, in its sole discretion, without any obligation and without any prior notice requirement and for any reason, to change/ modify, improve or correct the Terms and to suspend and/ or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
- Changes to the Terms will be effective as on the date they are posted. The Company may or may not notify You in case of any such revisions to the Terms. Your continued use/ access of the Website signifies Your acceptance of any revisions and explicit renewal of Your consent to such revisions.
- These Terms control the relationship between the Company and You. They do not create any third-party beneficiary rights.
- The Digital Personal Data Protection Act, 2023 (“DPDP Act”) has received the assent of the President of India on August 11, 2023, and has been published by the Government of India in the Official Gazette for general information. Once the provisions of the DPDP Act have been notified by the Central Government and the rules thereunder have been framed and notified, these Terms may undergo further modifications in compliance with the DPDP Act and the rules framed thereunder, and terms governing such modifications shall be as set out hereinabove.
- LICENSE
- Subject to Your compliance with these Terms, the Company grants You the non-exclusive, non-transferable, non-sub licensable, revocable, and limited right to use the Website for your personal and non-commercial use.
- Your license to use the Website is limited by these Terms. Unless otherwise authorized, You may not use, copy, reproduce, modify, display, create derivative works of, sell, auction, distribute, transfer or disclose all or any part of the Website including, without limitation, any screenshots, videos, documentation or manuals relating to the Website.
- Any rights not expressly granted herein are reserved by the Company.
- License Restrictions: Unless otherwise authorized by these Terms or the Company in writing, You shall not:
- Sublicense, transfer, network, transmit, distribute, or permit use of the Website by any third party;
- Reverse engineer, decompile, or disassemble any aspect of the Website;
- Host, display, upload, modify, publish, transmit, store, update or share any information or data that (i) belongs to another person and to which You do not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to children; (iv) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (v) impersonates another person; (vi) 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 other nation; (vii) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (viii) publish, post or upload any content on the Website or with respect to the Website, with an intent to cause harm or which may otherwise cause any harm to the reputation of the Company or its brands or any third party or its brand or which is in violation of any applicable law. In the event You upload, post or publish any content or information on the Website that is in violation with these Terms and/or the applicable law, You acknowledge and accept that You shall be solely liable in respect of any such action;
- Publish, post or upload any incorrect or inaccurate data/information on the Website;
- Create or otherwise collect information about any other User/third party, without their prior written consent;
- Transfer Your account, username and password to a third party without the prior written consent of the Company;
- Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of the Company and/or any third party;
- Transmit or communicate any data that contains software virus, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Include programs on the Website which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, application or hardware or tele-communications;
- Intentionally or unintentionally violate any applicable local, state, national or international law, in force from time to time, relating to or affecting the Website;
- Use the Website in any way for carrying out any other activity not permissible under any applicable law including any data protection laws.
- Termination: This license shall automatically terminate if, in the sole determination of the Company, You have violated these Terms including any of the restrictions set out herein and upon termination of the license, You shall destroy any downloaded materials in Your possession in any format whatsoever including in electronic or printed format. Upon such termination, the Company reserves the right to retain the information provided by You during the course of Your use of the Website.
- USE AND COLLECTION OF PERSONAL INFORMATION
- Once You click on the ‘Invite me’ tab, the Company will send You an invitation for purchasing the Products provided thereon. As a part of the invitation and/or registration process and at any time thereafter for use of the Website and for purchasing the Products thereon, the Company may collect certain personally identifiable information about You and third parties. Such information refers to any information that identifies or can be used to identify, contact or locate a person, to whom such information pertains including, but not limited to the name, address, phone number, fax number, e-mail address, financial profiles, identification number, credit/debit card information, other banking information, lifestyle, health, billing information, payment history etc. of such person, as applicable (“Personal Information”).
- Accordingly, You shall provide correct details in relation to Your Personal Information and any third party’s Personal Information, as applicable, when prompted on the Website and Your failure to do so may invalidate Your request to use the Website or purchase Products thereon and by giving Your details and Personal Information You agree to abide by the Terms.
- The use of the Website and the Products available thereon, are subject to the accuracy and correctness of the information provided by You. You warrant that all information supplied by You in using this Website or purchasing Products available hereon is true and accurate and without limitation, or any false or fraudulent reservations.
- You agree to be financially responsible for Your use of the Website including without limitation for all Product(s) purchased by You or on Your account.
- If You provide incorrect details of Your Personal Information and/or any third party’s Personal Information, as applicable, the same shall be at Your sole risk as to the consequences thereof, and the Company shall not be liable for the same including but not limited to delay in delivery of any Products, cancellations, refunds, replacements or in respect of any other features of the Website.
- You shall keep Your account and registration details current and correct for communications related to the Products purchased by You. By agreeing to the Terms, You agree to receive all information relating to the Website, the Products offered thereon, all communication and instructions for availing special offers, newsletters, promotional benefits or otherwise in relation to the Website or Products through email, SMS, WhatsApp message, phone calls, direct e-mail and other means of communication. You shall solely be responsible for the appropriate use of the same.
- You shall have only 1 (one) active account and are prohibited from selling, trading or otherwise transferring the account to another party. If You use the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account to Yourself. You shall be responsible for all activities that occur under or in Your account and shall solely be responsible for use of the same.
- The Company shall not be responsible for any unauthorised use of Your User ID and password, and it would be Your responsibility and obligation to protect the same from unauthorised use. You shall notify the Company immediately of any unauthorized use of Your account or any other breach of security.
- The Company reserves the right to alter or terminate accounts or remove or edit any content thereof in its sole discretion.
- You authorize the Company and/or third parties authorized by the Company, to retain the information including Personal Information shared or submissions made by You for the purpose of using the Website and purchasing Products thereon and for any marketing campaign of the Company and/or third party service providers of the Company.
- At any point in time, You can choose to unsubscribe from the newsletters, e-mails or any other information and communication which You may receive from the Company.
- User experience may vary depending on the type of the device and the operating system that You use and the Company accepts no responsibility for any lack of functionality due to Your equipment (including, but not limited to Your device, internet connection, operating system or settings and software).
- You shall be responsible for paying all costs and expenses that You may incur while using the Website (including, but not limited to internet data service access charges). The Website shall use cookies to monitor the Website visitors and traffic and by agreeing to use the Website, You agree to use of cookies. Please refer to the Privacy Policy of the Company set out below, in respect of the same.
- OFFER AND ACCEPTANCE OF OFFER
- All Products and the information displayed on the Website constitute an invitation to offer. Your order for purchase of a Product constitutes Your offer which shall be subject to the Terms as listed herein. We reserve the right to accept or reject Your offer in part or in full. Our acceptance of Your offer will take place upon the delivery of the Product(s) ordered.
- Dispatch of Product(s) ordered, may or may not happen at the same time. In such a scenario, that portion of the order which has been dispatched and delivered will be deemed to be an offer accepted by Us and the balance would continue to be an offer to Us and We reserve the right to either accept or reject the balance offer.
- No act or omission of the Company prior to the delivery of the Product(s) ordered will constitute acceptance of Your offer.
- PRODUCT INFORMATION AND USE
- The Company attempts to be as accurate as possible in the description of the Products on the Website. However, errors may occur, and the Company does not warrant that the product description, experience, colour, information, or other content on the Website is complete, current or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or current.
- The Product pictures are indicative and may not match the actual Product. We have made all efforts to display the colours and sizes of Our Products that appear on Our Website as accurately as possible. However, the actual colours You see will depend on the screen of Your device. We cannot guarantee that the display/ screen of Your device will accurately reflect the colour of the Product on delivery.
- Packaging of the Product may vary from that displayed on the Website.
- The Company reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the Product.
- The Products available on the Website, are for Your personal use only. The Product(s), which You may receive from Us, shall not be sold, or resold for any reasons including commercial reasons.
- You are encouraged to perform a self-patch test for any Products purchased/ received from the Website.
- You should carefully read the ingredients in relation to the Products mentioned thereon, and on the Website, if any. Please be aware that ingredient list for each Product may vary from time to time, and You are advised to check the ingredient list while making a purchase to ensure that the Product being purchased is suitable for Your use.
- In case any Products purchased/ received from Us, cause side effects or do not suit You in any manner whatsoever, please note that the Company is in no manner responsible for any such side-effects if such side-effects could have been avoided by You by performing a patch test and consulting a specialist before the use of the same.
- You may consult a specialist before use of the Products if You so desire.
- The Company may revise and cease to make available any Product at any time.
- PRODUCTS PRICING AND PAYMENT
- Product Pricing:
- The Company strives to provide accurate pricing information in relation to the Products. However, errors may occur.
- If a Product is listed at an incorrect price or with incorrect information due to any technical error, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been delivered. In the event that an item is wrongly priced, the Company may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Unless the Product ordered by You has been delivered, Your offer will not be deemed accepted and the Company will have the right to modify the price of the Product and contact You for further instructions using the e-mail address or contact number provided by You during the time of registration or placing of order, or cancel the order and notify You of such cancellation.
- Payment:
- India Payments:
- Payment shall only be accepted in Indian Rupees (INR). Prices will be on maximum retail price (MRP) basis, and all prices shall be inclusive of Goods and Services Tax (GST), as applicable. In cases where shipping, packaging or handling charges are applicable, You will be made aware of the same before making the payment.
- Payment for the orders placed shall be made using debit card/ credit card/ UPI or other digital modes of payments.
- The Company does not accept Cash on Delivery.
- You undertake that all details You provide in connection with purchasing any Products will be correct and, the payment method You use is genuine and payment is made from an account belonging to You and that there are sufficient funds to cover the cost of any Products which You intend to purchase. The Company reserves the right to obtain validation of Your banking details before providing a confirmation to You with respect to any Products sought to be purchased by You.
- In case of international credit cards being used for domestic orders, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges may apply according to Your credit card policy. If You have made the payment by an international card or foreign bank-issued card, then You will be required to send Us any government-issued photo Identity proof. For example:
- Pan card
- Driving License
- Passport
- Voter identification card
- Postal identification Card (Aadhar)
- International Payments: Payments for International Orders are accepted through internationally acceptable payment gateways including international credit/ debit cards only. For orders being shipped outside India, the payment will be accepted only in US Dollars or Euro. For international orders, currency conversion rates will apply according to the prevailing exchange rates on the day of placing the order. In cases where shipping, packaging or handling charges are applicable, You will be made aware of the same before making the payment.
- Once the Company confirms Your order, and the payment has been processed in the manner set out above, it will be duly notified to You by email or SMS. The payment will be processed prior to the Company’s dispatch of the Product that You have ordered.
- India Payments:
- Product Pricing:
- CANCELLATION
- Cancellation by the Company:
- There may be certain orders that the Company cannot accept, and therefore, We reserve the right, at Our sole discretion, to refuse or cancel any order. The refusal or cancellation of an order may be due to limitation on quantity available for purchase, errors in pricing or product information or certain issues identified by Our fraud avoidance department or any other issue which the Company identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify You in case Your order has been cancelled fully or partially or if any additional information is required to accept Your order.
- If We cancel the order after We have processed the payment, the said amount will be refunded to You in the same bank account from which the payment was made, within 30 (thirty) business days from the order being cancelled subject to delays at Your bank’s end.
- Cancellation by the User:
- We are committed to ensuring full customer satisfaction with respect to the Products offered on the Website, security, and customer satisfaction. However, in the unlikely event that You wish to cancel or replace the Product, You may choose to do so in the manner and on the terms mentioned hereinbelow.
- In the event, You wish to cancel an order placed by You, You may do so within 24 (twenty four) hours of placing the order by writing to Our customer support team on cancel@beautifulindia.com for such cancellation or cancel by using the cancellation option available on the Website.
- Refund of amounts after cancellation: Upon cancellation of an order within 24 (twenty four) hours of placing the order in the manner set out herein, the amount paid by You will be refunded to You in the same bank account from which the payment was made, within 30 (thirty) business days from the order being cancelled subject to delays at Your bank’s end.
- Orders once placed, cannot be cancelled after 24 (twenty four) hours of placing the order.
- In the event that the amount has been deducted from Your account, but the transaction failed, We will refund the amount to Your account at the earliest.
- Cancellation by the Company:
- ZERO RETURN AND EXCHANGE
- We regret to inform You that exchange or return of Products bought from Our Website is not possible.
- In the unlikely event, the order delivered to You is incorrect or is in a physically damaged condition, please read the Replacement policy hereinunder.
- REPLACEMENT
- Method and conditions for Product replacement:
- In the unlikely event, a Product delivered to You is incorrect, expired as per the expiry date mentioned on the Product, missing, or has been delivered to You in a physically damaged condition ("Replacement Events”), You may initiate a replacement request, within 2 (two) days of the order being delivered to You, in the following manner:
- You may raise a replacement request for Your order from the Website or You may write to Us on replace@beautifulindia.com along with details of the Replacement Events and the image(s) of the Product sought to be replaced, against a white background.
- At the time of replacement, You shall return the defective Product unused and in the same condition as you received it, in its original packaging.
- The Company may seek further information in this regard from You which You are required to provide for the Company to consider Your replacement request.
- A replacement request shall be accepted by the Company only post inspection and after We get a go ahead from Our QA (quality assurance) team.
- In the unlikely event, a Product delivered to You is incorrect, expired as per the expiry date mentioned on the Product, missing, or has been delivered to You in a physically damaged condition ("Replacement Events”), You may initiate a replacement request, within 2 (two) days of the order being delivered to You, in the following manner:
- Replacement for Products in India:
- Once the replacement request has been accepted, We will arrange for the Product(s) to be collected and be replaced with a similar new defect-free Product at the delivery address on which the Product(s) was originally delivered, within 10 (ten) to 15 (fifteen) business days from the date of the replacement request being approved by the Company, or such other period as notified to You by the Company.
- In the event a similar Product is not available, the Company will intimate You and You may replace the Product(s) with any other Product of the same value from the Website.
- Replacement for Products in other countries/International replacements:
- Once the replacement request has been accepted, We will arrange for the Product(s) to be collected and be replaced with a similar new defect-free Product at the delivery address on which the Product(s) was originally delivered within 20 (twenty) to 30 (thirty) business days from the date of the replacement request being approved by the Company, or such other period as notified to You by the Company.
- In the event a similar Product is not available, the Company will intimate You and You may replace the Product(s) with any other Product of the same value from the Website.
- Rejection of the replacement request:
- In the event the replacement request is rejected by the Company, We shall inform You and state the reason for rejection and the decision of the Company shall be final and binding.
- You agree that the Company will not process any replacement requests made for the following reasons:
- Product is damaged due to use/misuse/ overuse by You;
- Product Box is opened by You;
- Product is used or altered by You;
- Serial Number and/ or the bar code is tampered with by You;
- Product is returned without original packaging including, price tags, labels, freebies and other accessories, or if original packaging is damaged.
- Method and conditions for Product replacement:
- SHIPPING AND DELIVERY
- Shipping destinations:
- In India, We serve to selected cities. Please check if We deliver to Your pin code in the shopping cart checkout page. In the unlikely event We do not deliver to Your preferred pin code, We do apologize for the inconvenience caused.
- We also provide international delivery to the following countries:
- UK
- USA
- European Union
- UAE
- Japan
- Singapore
- Shipping and handling charges for India: We provide free shipping within India. We may charge any additional fees for packaging or handling of the Products, if applicable and the same will be notified to You at the time of checkout during placing the order.
- Shipping and handling charges for other countries/international shipping:
- In case of an order which is to be shipped outside India, You will have to bear the shipping & handling charges plus any duty as applicable at the destination.
- Customs duty: You will also have to bear customs duty & taxes levied by the destination country and the same needs to be paid to the Logistics Partner (as defined hereunder) at the time of delivery. Please note that all consignments are on Delivery Duty Unpaid (DDU) basis. We may charge any additional fees for packaging or handling of the Products.
- Products along with their complete documentation are filed with the authorized officer of the Customs office for inspection, examination and assessment, as required and applicable, and only then delivered to Your shipping address. Hence, in the event You find the package sealed with a label saying, ‘Opened for Customs’, please ignore any message on the package section which mentions ‘Please do not accept if the package is received in open/ tampered condition’.
- Information required for shipping purposes:
- In order to ensure timely delivery of the purchased Product(s), to You, We may inquire or collect specific information like Your name, shipping address, billing address, landmarks, contact details, etc. You shall ensure that all information that is submitted by You to Us on the Website is true, complete, accurate and sufficient to identify the actual place of delivery. You understand and agree that You shall bear absolute liability in case of any failure by Us in delivering the purchased Product(s) due to Your failure to provide correct, complete, sufficient, and accurate information at the time of placing the order. It is further clarified that We shall not be liable in any manner and at any point in time due to Your failure to provide correct and complete information to enable Us to execute a successful delivery of the Product(s).
- The Company reserves the right to confirm and validate the information and other details provided by You at any point time. Further, the Company also reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, Your details are found to be false (partially or completely), the Company has the right in its sole discretion to reject the registration and debar Your account or You from using the services of the Website and or other affiliated websites without prior intimation whatsoever.
- Logistics Partner:
- We partner with third party logistics service providers for shipping and delivery of the Products to You (“Logistics Partner") in India as well as internationally. We shall use and provide Your Personal Information to the Logistics Partner, to the extent required for the delivery of the Products to You.
- While We endeavour to engage Logistics Partners, employees, and agents with the highest regard for ethics and integrity, You agree and acknowledge that the actions and inactions of delivery individuals are not in Our control, and it is not possible for Us to monitor and observe each delivery executive. We shall not be liable for any acts or omissions on the part of the delivery agents, employees, or personnel and/ or the Logistics Partner or their employees, agents, or personnel. You agree and acknowledge that You will not hold Us responsible or require Us to settle, mediate or resolve any disputes between You and the Logistics Partner/delivery personnel delivering the Product(s) to You.
- Estimated delivery timeline for India: The User may be provided with an estimated timeline for the delivery of the Product(s) purchased through an email, SMS or a telephonic call, or any other modes of communication determined by the Company at the time the order is placed by the User. The estimated delivery timeline for orders to be delivered within India is 5 (five) to 10 (ten) business day from the date of dispatch.
- Estimated delivery timeline for other countries:
- The User may be provided with an estimated timeline for the delivery of the Product(s) purchased through an email, SMS or a telephonic call, or any other modes of communication determined by the Company at the time the order is placed by the User. The estimated delivery timeline for orders to be delivered outside India is 15 (fifteen) to 20 (twenty) business days from the date of dispatch, provided such delivery is not delayed by any governmental authority or any other entity acting on behalf of the government or acting as per the directions of the government.
- We also ensure that the delivery is made to the recipient and thus We may require the identity proof for verification. Recipient may need to produce passport or driving license for receiving the delivery.
- Surge in demand/ order or inability to deliver:
- In case of a surge in demand of a Product or orders, the estimated delivery time as stated above, could vary. In such an event, We request You to bear with Us and allow us sufficient time to deliver the Product to You.
- In case of such surge, We may extend the delivery timeline by another 7 (seven) to 10 (ten) business days or as may be notified to You by Us, for fulfilment of Your order.
- In the unlikely event that We fail to deliver Your order at all as per the timeline notified to You from time to time, We shall cancel the order and notify You regarding the same. In such cases, the refund will be made directly to Your account via the same mode through which the payment was made within 30 (thirty) days from the date of cancellation.
- For any customer assistance, you can call on Our number + 91 7977733511 or write to support@beautifulindia.com.
- The Company shall not be liable to pay for any damages in an event owing to cancellation of the order or delay in delivery.
- Tracking details: Once the order is shipped, You may be provided with its tracking details to keep You informed of Your order's status.
- All registered customers have the option to track their orders by clicking on ‘Track Order’.
- Since We engage third party service providers/Logistics Partners for deliveries of the Product(s), We do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in Our control.
- Secure delivery:
- We wish to ensure secure delivery through a one-time password (“OTP”) for the Product(s) shipped to You. For You to receive secure delivery of Your order, an OTP will be sent to Your registered email address and/or mobile number, after the item has been dispatched for onward delivery. You will be asked to share the OTP with the Logistics Partner delivery personnel before accepting delivery of the Product(s). Once the correct OTP has been provided and has been approved, the Product(s) will be handed over to You.
- All Our packages come with tamper-proof packaging. Please ensure that You do not accept packages where the seal is tampered (except when the seal has been opened with by the Customs authorities for international orders). Acceptance of a tampered or externally damaged package will automatically disqualify You from any replacement claims for physically damaged Products, or an incorrect Product.
- Force Majeure Events:
- Please note that deliveries are always subject to unforeseen circumstances like traffic, weather conditions and other Force Majeure Events, which may affect the delivery time. In such situations, We will keep You updated about Your order's status. We are committed to delivering Your orders as quickly and efficiently as possible, and We appreciate Your understanding in situations that are beyond Our control.
- A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, pandemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption.
- In case of orders to be delivered outside India, Product delivery may get delayed due to reasons attributable to logistics, public holidays, Force Majeure Events, applicable laws and policies and any changes therein, etc.
- In an event which is beyond the control of the Company, including but not limited to any Force Majeure Event, due to which the delivery of any Products is delayed or the Products cannot be delivered to You, You shall not hold the Company liable and shall not initiate any action against the Company in any manner or claim any compensation/refund from the Company on account of such delay or failure in providing the Products.
- Shipping destinations:
- FEEDBACK AND COMMENTS
- All reviews, comments, complaints, ratings, feedback, or suggestions submitted on the Website (“Comments") shall be and shall remain the property of the Company. The Company is under no obligation (i) to maintain any Comments in confidence; (ii) to pay You any compensation for any Comments; or (iii) to respond to any Comments. You agree that any Comments submitted by You on the Website will not violate these Terms or any right of any third party. You further agree that no Comments submitted by You shall contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, commercial solicitation, mass mailings or any form of "spam" and the Company shall have the right to remove any such Comments that are in violation of these Terms or the applicable laws. You hereby accept and acknowledge that the Company does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to this Website. You further accept and acknowledge that the Company has the right to use the name that You submit in connection with any Comments and You have not used false information, impersonated any person or entity, or otherwise have misled the Company as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments You make, and the Company and its affiliates take no responsibility or liability for any Comments submitted by You or by any third party on Your behalf.
- You indemnify and agree to defend and hold harmless the Company and its affiliates for all claims resulting from any comments submitted by You. The Company and its affiliates are not responsible nor assume any liability for any comments submitted by You or any third party.
- You further acknowledge and accept that the Comments submitted by other Users are their independent views and shall not be considered, construed, or understood as the Comments of the Company. You shall rely, act, or trust the correctness or accuracy of such Comments solely at Your own risk and shall not hold the Company responsible or liable in respect of such Comments.
- THIRD PARTY CONTENT
- The Website may contain (i) some hyperlinks which may lead You out of the Website; and/or (ii) certain advertising and promotional content which is owned by third parties. Such information on the Website or contained in any websites linked from the Website, has not been reviewed by the Company for accuracy or legal sufficiency. The Company is not responsible for the contents of such third parties, any such external hyperlinks, and references to any external links should not be construed as an endorsement of the links or their content by the Company. Use of such hyperlinks and third party content contained therein and other sites is entirely at Your own risk. We do not make any representations or warranties about any such sites or content that You may access through the Website. Further, such third party sites are not covered by Our Privacy Policy and the information usage practices at such sites may be different from the Privacy Policy of the Company. The privacy policies of such third party sites should be read before submitting any Personal Information, as the Company is not responsible for and has no control over the manner in which such sites collect, use, disclose, or otherwise process Your Personal Information.
- ONLINE PRIVACY POLICY
- Your privacy is important to us. To better protect Your privacy, the Company provides a Privacy Policy explaining the online information practices and the choices You can make about the way Your Personal Information is collected, handled, dealt with, and used at or in connection with this Website and Products provided hereon. By accepting these Terms, You shall also be deemed to have accepted the terms of this Privacy Policy. The Company values the importance You attach to Your Personal Information given to the Company and therefore the Company has taken all reasonable measures and precautions to (i) keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable You to review and edit the same.
- You may need to provide Us with Your Personal Information during the course of using the Website and for purchasing Products. You are giving Us Your unconditional consent to the collection, storage, retention, use, disclosure, and transfer of Your Personal Information as set forth in this Privacy Policy.
- We collect only such Personal Information that is believed to be relevant and is required to understand Your interests and to offer Products to You. We collect Your Personal Information in order to record, support and facilitate effective supply of Products; to provide You with a customized Website experience; to notify You of any updated information and new offers and other related functions offered by the Company; to assist You with customer service or technical support issues; to follow up with You in relation to the Products purchased by You; to otherwise support Your relationship with the Company; or for such other purposes as the Company may deem fit to prevent fraud and unlawful use of the Website.
- Usage of Personal Information:
- We do not trade, sell, disclose, or transfer Your or any third-party Personal Information in any manner, except as specified herein to which You expressly consent. You acknowledge, consent and agree that the Company may access, preserve and disclose Your Personal Information if required by law or in good faith, if the Company believes that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to Your requests for customer service; or (v) to protect the rights, property, or personal safety of the Company, its other Users and the public.
- Personal Information provided by You is used only to:
- facilitate Your use of the Website and to provide Products purchased by You;
- keep You informed of the transaction status;
- send order confirmations either via SMS or WhatsApp or any other messaging service;
- send any updates or changes to Your order(s);
- allow Our customer service representatives to contact You, if necessary;
- respond to Your inquiries or fulfil Your requests for information about the various Products;
- provide You with information about the Products, newsletters and offers;
- send You important information regarding the Website, changes to the Terms of the Website and policies and/or other administrative information;
- send You surveys and marketing communications that the Company believes may be of interest to You;
- help You address Your problems with the Website;
- for proper administration of the Website;
- conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to the Website);
- improve and/or customize the Products or the content on the Website;
- protect the integrity of the Website and the Company;
- request for reviews of Products or any other improvements;
- send verification message(s) or email(s);
- validate/authenticate Your account and to prevent any misuse or abuse;
- contact You on Your birthday/anniversary to offer a special gift or offers.
- Some of Your Personal Information may be shared with and used by third parties who shall need to have access to such information, such as payment gateways, credit card processing companies, etc. to enable them and the Company to perform their duties and fulfil Your order requirements. We do not allow any unauthorized persons or organization to use any Personal Information that the Website may collect from You. However, the Company is not responsible for any information including Personal Information collected or shared or used by any other third-party website due to Your browser settings. Further, under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications or may abuse or misuse Your information that they collect from the Website. Although the Company uses industry standard security practices to protect Your privacy, the Company does not promise, and You should not expect, that Your Personal Information or private communications would always remain private.
- In the interests of improving personalization and service efficiency, We may, under controlled and secure circumstances, share Your Personal Information with Our affiliate or associate entities. This will enable the Company to provide You with information about various Products, which might interest You; or help Us address Your questions and requests in relation to Your purchases. If the assets of the Company are acquired, the Company’s customer information may also be transferred to the acquirer depending upon the nature of such acquisition. In addition, as part of business expansion/development/restructuring or for any other reason whatsoever, if the Company decides to sell/transfer/assign its business, or any part thereof, to any of its subsidiaries or any business units, then as part of such restructuring exercise customer information including the Personal Information collected herein shall be transferred accordingly.
- When You use the Website, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), browser type and language, viewed and exit pages. We use this information to better understand Our Users' operating systems, for system administration and to audit the use of the Website. We do not use this data to identify the name, address or other personal details of any individual.
- Notwithstanding anything contained in this Privacy Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.
- You acknowledge that apart from Your Personal Information, any information or content provided by You in furtherance of any schemes/ promotional offers, shall be used, accessed, preserved, and disclosed by the Company in accordance with and for the purposes set out in these Terms.
- The Company shall retain Your Personal Information on its servers for as long as is reasonably necessary for the purposes listed in this Terms. In some circumstances, the Company may retain Your Personal Information for longer periods of time, for instance where the Company is required to do so in accordance with any legal, regulatory, tax or accounting requirements.
- CROSS BORDER DATA TRANSFER
- Your Personal Information may be transferred to other countries outside Your residential country for any of the purposes described in this Privacy Policy.
- You understand and accept that these countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process. In addition, a number of countries have agreements with other countries providing for exchange of information for law enforcement, tax and other purposes.
- If We transfer Your Personal Information to third parties for purposes stated in this Privacy Policy, We will use best endeavours to put in place appropriate controls and safeguards to ensure that Your Personal Information is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is absolutely necessary.
- ASSESSING, REVIEWING AND CHANGING YOUR USER ACCOUNT
- Following registration of Your account or accepting to be a part of the Beautiful India journey by accepting the invitation sent to You, You can review and change the Personal Information. You can change Your registration information such as Your email address, address of service, phone number, payment method etc.
- In accordance with applicable law, You have the right to request and if applicable, obtain free of charge, in particular, access to and rectification or erasure of Your Personal Information. If You wish to exercise the aforesaid rights, You may write to us on email at support@beautifulindia.com.
- In the event You choose to delete/erase all Personal Information as aforesaid, We may have to consequently delete Your account on the Website/with the Company.
- Please note, if You change or request deletion of any Personal Information, the Company may keep track of Your old information. We will retain in Our files, the information You have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce these Terms or as required under law. Further, such prior information is never completely removed from Our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, You should not expect that all of Your Personal Information would be completely removed from Our databases in response to Your requests.
- MINORS
- This Website is not intended for use by minors, and thus the Company does not knowingly collect Personal Information from minors. If the Company becomes aware that a minor has registered or used the Website without approval or adult supervision, the Company has the right to expunge any related Personal Information of such minor from Our records and cancel the account, if any.
- We strongly encourage parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment.
- INTELLECTUAL PROPERTY RIGHTS
- This Website and any content or materials incorporated or appearing on this Website including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio visual works, designs, logos, software and any other content (collectively referred to as “Material”), are protected by and shall be deemed to be copyrights, patents, trademarks, trade secrets or other proprietary rights owned by or licensed to the Company and some of the logos or other images incorporated by the Company on this Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to the Company (“Company’s IP”). The Company respects the intellectual property rights of others and asks the Users of this Website to do the same. Using or accessing the Website for any purpose does not give You any ownership of any intellectual property rights in Our Website, the Material, or the Company’s IP.
- Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any of the Company’s IP contained in the Material or any other content provided on the Website, without the consent of the Company may subject You to infringement actions by the Company or third party providers, as the case may be.
- Your right to make use of this Website and any Material and any content appearing on it is subject to these Terms. Modification or use of the Material or any other content on this Website for any purpose not permitted by these Terms may be a violation of the Company’s IP and may be prohibited by law.
- You may access, display, copy and use the Material for non-commercial and personal use only.
- You understand that by using the Website, You may be exposed to Materials that You may consider to be offensive or objectionable. You must evaluate, and bear all risks associated with the use or disclosure of Materials found on the Website. The Company shall have no liability for content that may be deemed offensive, indecent, or objectionable to You.
- USER GENERATED CONTENT
- We respect the intellectual property rights of others and expect Users of the Website to do the same. The Company has no control over content posted by any User, and You acknowledge and agree that the Company shall not be responsible for the accuracy or availability of such content. The Company neither endorses nor is responsible or liable for any such content that appears on the Website. The Company shall have the right (but not the obligation) to delete, remove, monitor, or edit any content posted by a User and block links to the Website through technological or other means without prior notice. The Company also reserves the right to terminate access to the Website if it believes that You are posting infringing or objectionable material on the Website.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCT(S) AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON OR MADE AVAILABLE ON THE WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE OF THE COMPANY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE/ APPLICATION WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, SERVICES, PRODUCTS OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE/APPLICATION. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- INDEMNITY AND LIMITATION OF LIABILITY
- You hereby indemnify and agree to defend and hold harmless the Company and all persons claiming under the Company from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, incurred or suffered by the Company resulting from Your breach of any of the provisions mentioned in these Terms including but not limited to Your breach of representations or warranties, Your breach of applicable laws of any jurisdiction from which You access the Website, and/or infringement by You of Materials, Company’s IP or Your violation of the rights of any third party.
- WE DISCLAIM ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY IF ANY, THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION, EXTEND BEYOND THE AMOUNT PAID BY THE USER IN RESPECT OF THE PRODUCT(S) FOR WHICH SUCH LIABILITY ARISES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, (A) THE COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES; (B) THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY MEDICAL, HEALTH OR OTHER CONSEQUENCES INCLUDING BUT NOT LIMITED TO DEATH OR PERSONAL INJURY THAT MAY ARISE AS A RESULT OF THE USE OF THE WEBSITE OR THE PRODUCTS PROVIDED ON THE WEBSITE; (C) THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSS OR LIABILITY THAT YOU MAY INCUR AND SUFFER FROM ACCESSING OR USING THE WEBSITE OR PURCHASING THE PRODUCTS OR AVAILING THE SERVICES THEREON FROM ANY JURISDICTION OUTSIDE INDIA.
- LOCAL REGULATIONS: These Terms govern all the Products offered on the Website and these Terms are governed by the laws of India. If You choose to access the Website from any location outside India, You do so on Your own initiative and at Your own risk and the Company makes no representation that the Materials or the content on the Website including Product(s), are appropriate or available at any such location, territories and protectorates. In such a case, You are responsible for complying with local laws of the country from where You access the Website and/or purchase the Product(s) or avail any services thereon, if and to the extent laws of Your country are applicable. You shall comply with all applicable laws including all data protection laws concerning the transmission of technical data exported from and to India or the country You reside in.
- SECURITY: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) sending unsolicited emails, including promotions and/or advertising of Products or any services related thereto; (d) hyperlinking the Website to any other website. Violations of the security of the Website may result in civil or criminal liability as per applicable law. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting a User who is involved in such violations. You will not use any device, software to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
- HOW TO CONTACT US: This Website is published, controlled, owned, and operated by the Company. All communication to the Company should be directed over phone to Our number +91 7977733511, or over email to support@beautifulindia.com or over courier to 401A, 4th Floor, Neelam Centre, A Wing, Hind Cycle Road, Worli Mumbai, Maharashtra, India - 400030.
- GRIEVANCE MECHANISM: Any complaints relating to the Products and/or use of the Website or Your Personal Information shall be directed to Ms. Poonam Gade, the nodal officer/grievance officer (“Grievance Officer”) at the email address set out in the “Contact Us” section above. The Company shall redress the complaint expeditiously and in compliance with applicable laws.
- GOVERNING LAW AND JURISDICTION: These Terms shall be governed by, construed, and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the competent courts of Mumbai, India for any action or matter however so arising out of these Terms.
- MISCELLENEOUS
- If any provision of these Terms shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- These Terms constitute the entire agreement between the Company and the User in relation to the Website and the Products offered thereon.
- Your relationship with the Company is on a principal to principal basis. Your use of the Website shall not be construed to be, nor shall You claim in future, a relationship of employer and employee, joint venture, or principal or agent or any other similar relationship between You and the Company and You are not authorized to make any representation, contract, or commitment to any third party on behalf of the Company.
- No failure to exercise and no delay on the part of the Company in exercising any right, remedy, power or privilege of the Company under the Terms and no course of dealing between You and the Company, shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of the Company.
- These Terms are currently applicable to luxury perfumes being offered on the Website. As and when the other Products including luxury candles and luxury body care products are launched and made available on the Website, the Company may modify or update these Terms accordingly.
- In Our endeavour to create a world without waste, We aim to make Our packaging materials recyclable, as specified on the packaging of the Products.