Terms and Conditions

  1. GENERAL
  • You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.brosialuxuriousfragrance.com/ (hereinafter referred to as “Site” or “brosialuxuriousfragrance.com” or “our”). The Site allows you to browse, select, and purchase Luxurious Cosmetics Products, Premium Clothing, and many more stuff (“Goods” or “Products” or “Services”).
  • Your use of this website brosialuxuriousfragrance.com (hereinafter referred to as the “Site”) and its related sites, services, and tools). These TERMS AND CONDITIONS are effective upon acceptance and govern the relationship between you and  brosialuxuriousfragrance.com/, a proprietorship firm having its registered office at Surat-395004 (hereinafter the “Firm”) including the sale and supply of any Products on the Site. If these TERMS AND CONDITIONS conflict with any other document, the TERMS AND CONDITIONS will prevail for usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For this TERMS AND CONDITIONS, the term ‘Acceptance’ shall mean your affirmative action by clicking on the ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that imply your acceptance.
  • The Firm may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. All updates and amendments shall be notified to you via posts on the website or through e-mail. The revised version will be effective at the time we post it on the Site, and in the event, you continue to use our Site, you are impliedly agreeing to the revised Terms and Conditions and Privacy Policy expressed herein.

  1. CANCELLATION BY US

  • Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back into your Card Account.

  1. CANCELLATIONS BY THE USER

  • In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of an order shall be valid and accepted only if they are made within 24 (twenty-four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which a cancellation request is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

  1. FRAUDULENT / DECLINED TRANSACTIONS

  • We may constantly monitor the user’s account to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, We reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For this clause, we shall owe no liability for any refunds.
  • We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

  1. CREDIT CARD DETAILS

  • You agree, understand, and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card that is not lawfully owned by you, i.e. in a credit card transaction, you must use your credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilized and shared by us with any of the third parties unless required for fraud verification or by law, regulation, or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

  1. DISCLAIMER OF WARRANTY

  • All Content, Products, And Services On The Site, Or Obtained From A Website To Which The Site Is Linked (A “Linked Site”) Are Provided To You “As Is” Without Warranty Of Any Kind Either Express Or Implied Including, But Not Limited To, The Implied Warranties Of Merchantability And Fitness For A Particular Purpose, Title, Non-Infringement, Security Or Accuracy. All Warranties, If Any, Relating To The Product And Services Would Be Provided By The Manufacturer/Supplier Of Such Product And Not By Us. Any Claim Concerning The Same Should Be Raised Against Respective Manufacturer/Supplier And Not Against Us In Any Case Whatsoever. We Do Not Endorse And Are Not Responsible For (A) The Accuracy Or Reliability Of Any Opinion, Advice, Or Statement Made Through The Site By Any Party Other Than Us, (B) Any Content Provided On Linked Sites, Or (C) The Capabilities Or Reliability Of Any Product Or Service Obtained From A Linked Site. Other Than As Required Under Applicable Consumer Protection Law, Under No Circumstance Will We Be Liable For Any Loss Or Damage Caused By A User’s Reliance On Information Obtained Through The Site Or A Linked Site, Or the User’s Reliance On Any Product Or Service Obtained From A Linked Site. It Is The Responsibility Of The User To Evaluate The Accuracy, Completeness, Or Usefulness Of Any Opinion, Advice, Or Other Content Available Through The Site, Or Obtained From A Linked Site. Please Seek The Advice Of Professionals, As Appropriate, Regarding The Evaluation Of Any Specific Opinion, Advice, Product, Service, Or Other Content.

  1. LIMITATION OF LIABILITY

  • You Expressly Understand And Agree That The Firm And Its Subsidiaries, Affiliates, Officers, Employees, Agents, Shareholders, And Licensors Shall Not Be Liable To You For Any Direct, Indirect, Incidental, Special, Consequential, Or Exemplary Damages, Including, But Not Limited To, Damages For Loss Of Profits, Opportunity, Goodwill, Use, Data Or Other Intangible Losses (Even If The Firm Has Been Advised Of The Possibility Of Such Damages), Resulting From Use Of The Site, Sale, And Supply Of Goods Content Or Any Related/Unrelated Services And Other Services Offered On The Site From Time To Time.

  1. INDEMNITY

  • You shall to the fullest extent indemnify and hold harmless the Firm, its subsidiaries, and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

  1. DURATION OF SALE

  • Each sale shall last from 24 to 72 hours only and the time of the beginning of the sale is 11:00 hours IST. Therefore, it is the customer’s responsibility to log in earlier if they want to avail themselves of better products or styles because our sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be given and we will alert you only when an item is sold out. We do not accept returns or exchanges on the items you purchased in a festive offer/Sale.

  1. DELIVERY

  • We endeavor but do not guarantee to deliver the products to Users within 3-4 weeks from the day of the close of sale depending upon the shipping location. We work with different types of suppliers (Manufacturers, designers, distributors, importers, etc.) and the delivery time to Users is subject to the delivery of products from suppliers to us. Other factors include delays in delivery through the courier partner, transporters’ strike, etc. We reserve the right to make delivery of the goods in installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
  • Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third-party delivery agencies and/or due to the time required for statutory clearances during the delivery process.
  • Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
    (i) unavailability of the relevant product;
    (ii) failure of the concerned manufacturer/supplier/designer/importer to deliver a relevant product to us;
    (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
    (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
    In the event, we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.

  1. TRADEMARKS

  • The trademarks, logos, and service marks (“Marks”) displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such a third party that may own the Marks. All information and content including any software programs available on or through the Site (“Content”) are protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
  • The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Firm protected by copyright as a collective work under the applicable copyright laws. The Firm owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/print/save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, re-transmission, publication, or commercial exploitation of downloaded material without the express permission of the Firm and the copyright owner is permitted. If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Firm shall not be deemed to be in the public domain but rather the exclusive property of the Firm unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Firm unless otherwise stated.

  1. GENERAL NOTICE

  • None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Firm and you shall have no authority to bind the Firm in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to Surat-395004 or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to us during the registration process. In such a case, notice shall be deemed given 3 days after the date of mailing.
  • If any clause of this Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
  • This Agreement sets forth the entire understanding and agreement between you and us concerning the subject matter hereof.
  • In the Firm’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.
  • If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.
  • The Firm may terminate this Agreement at any time. Without limiting the foregoing, the Firm shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Firm, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

13. ARBITRATION

  • If any dispute arises between you and the Firm during your use of the Site or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Firm. The place of arbitration shall be Surat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in English OR Hindi language.

  1. GOVERNING LAW

  • This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed by the laws of India, with exclusive jurisdiction conferred on the courts at Surat.

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