Terms and Conditions | Brawn Cosmetics and Herbals

BCHPL | TERMS OF USE

We request our customers/ users to read these TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING and/or USING our website, be it via desktop or mobile device mode, and/or purchasing/procuring ANY OF our products, all such persons who engage in the above-defined activities becomes BOUND BY ALL OF THE T&C, which is inclusive of the other policies mentioned in our website, and amended from time to time. If you do not wish to be bound by the term herein, we request you to refrain from accessing our website or using our services.

  1. Who can access our services?

Any services availed or usage of our website amounts to engagement into a legally binding contract. Users/customers are expected be eligible as per relevant clauses of The Indian Contract Act, 1872.For such reasons, no minor or persons of unsound mind  can transact, access, use our services as otherwise than parental guidance or supervision of adults, who are eligible to enter into contract. If a company, firm or any legal entity uses our services, its representative must be duly authorized to execute such action, or else the person shall be held individually liable towards the terms and conditions defined herein.

2.Terms of offer

Our website offers their products for sale through an e-commerce system at the mentioned product prices. Such products are expected to be used or consumed in accordance with the instructions as defined in the labels and not in any manner whatsoever. Customers/ users are also not allowed to sell, resell or commercially benefit from the products sold by us, unless agreed otherwise. We may also choose, with or without notice, to reduce, modify or restructure our product credentials inter alia quantity, price, ingredients, included but not restricted thereof, at any point of time on their sole discretion. We may also choose to suspend or discontinue offering for sale any product, without any liability.

Notwithstanding the above, it is necessary to understand that the representative images of our products are only indicative and hold close resemblance only to the actual goods. BHCPL does not warrant the accuracy of the description of the  Products  viz., colours, density, product information, and similar content and may vary from time to time.

3. Communication 

As discussed in our privacy policy, by availing of our services or accessing our Website, we on receipt of the user’s personal information, or placing an order, or sending any information, you are communicating with the Company electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from the Company periodically and as and when required. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication.

At any point of time, you have the right to withdraw your consent by following the below stated opt-out procedure.

4. Intellectual Property :

BHCPL is the true and absolute owner of the various kinds of intellectual property assets described on our website along with the products being offered for sale which is inclusive of but not limited to the trademarks, copyright, trade name, trade dress, composite mark, logos, service marks, text, graphics, button icons, images, audio clips, data compilations and software, whether individually or severally, by virtue of prior usage, prior publication and/or registration as defined under the Trademarks Act, 1999 and the Copyright Act, 1957(Amended) and/or relevant laws of the land. Provided however any resemblance of the content to any other work is completely coincidental and possesses similarity only by means of meaning and facts as obligated under the law and we shall hold no liability on such claims in any matter whatsoever. Please note that unauthorized usage of the same, similar, imitation or close resemblance of our above-defined assets shall amount to infringement and passing off as defined under the various provisions of law and makes you liable to legal action.

We however respect your rights too, and if anyone feels aggrieved that their intellectual property rights has been infringed, you may let us know on___________________(email id)

5. Third party access

BHCPL does not hold liability towards any third party links, access, web pages placed on or linked to our website and are only made available for a convenience for our browsers. We donot by any chance promote, endorse, offer for sale, publicize, commercially or non-commercially such third party links. BHCPL shall not take liability towards the workings/purposes of such other websites purpose which is inclusive of but not limited their terms of use, rights, liabilities, privacy policy or other risk factors of such other websites. Further process into such links is completely at the user’s risk and hence they are requested to carefully review and study the policies of such other links before further process.

6. Limitation of License

For the usage of this website, we grant our users with a limited, non-exclusive, non-transferable right to use its contents and materials, for personal and non-commercial purpose only. No person is permitted to use, reproduce, copy, transmit or distribute its work (literary, artistic or other intellectual property asset) or related aspects procured from this website, without the express consent of BHCPL.

7. Manner of use of website

Users must ensure that while using/ accessing /procuring services from the website, they shall abide by the laws of the land, national, local, state or rules thereunder as well as international laws at all times. Users must ensure that do not use the website for any illicit purposes or to fulfill such acts or omissions that may turn detrimental for BHCPL’s business, ethically or legally. May it be noted that, while uploading data through our website, such data should not be a) libelous, slanderous, defamatory, threatening, tortious, vulgar, obscene, pornographic, pedophilic, abusive, trespassing, invasive, detestable, racial and/or offensive in any manner (b) intentionally known to misleading or untrue (c) violates the intellectual property rights of some other party (d) data being infected with a virus, or unauthorized use of technology or data or software (e) cause harm, harass to any other person/entity (f) amounts to money laundering (g) amount to misrepresentation or fraudulent action or any similar unlawful acts. Similarly, we do not hold any liability towards content posted by other users, which engage in the above activities, however, we shall ensure to remove/take down such content, if ascertained to be illicit, upon realization at the earliest.  If data posted by any user amounts to the engagement of any of the abovementioned unlawful activity, BHCPL shall forthwith on their sole discretion, remove such without being liable for any further explanation or action from such other party in any manner whatsoever. The decision towards data being erroneous in line with the above acts or omissions shall be the sole decision of BHCPL only.

Upon usage of our website, users consent to receipt of all kinds of communications and notices, in print or electronic mode in English or desired vernacular. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us on _____________(email id).

8. Indemnity

Users agree to defend, indemnify and hold us harmless BHCPL, or any of its affiliated concerns, representatives, employees, contractors, shareholders  and assigns for any loss, damages, costs, claims, costs and like including reasonable attorneys’ fees, resulting from any claims or demands of  third parties (i)breach of these Terms and Conditions (ii)usage of our products (iii) against BHCPL (iv) infringement of intellectual property (v) data disruption through virus, or similar malware  (vi) violation of any law of the land(includes rules, by laws, orders) and for like acts or omissions.

9. Limitation of Liability

Under no circumstances, shall BHCPL be held liable for any direct, indirect, incidental, punitive, special or consequential damages or loss arising out of our terms of use or usage/inability of usage of the products or accessing our website which is inclusive of but not limited to any loss. Damage alleged for procuring our services, accessing/using our website, using/inability to use our products, transactional issues, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

BHCPL shall not be held liable under any circumstances for any (i) disruption of business dealings; (ii) website /connectivity issues ; (iii) delay in delivery non-delivery, loss, theft incorrect delivery, corruption, destruction or other modification; (iv) loss or damages resulted through third party website links from our Website; (v) virus, malware attack, system failures or malfunctions (vi) any errors/omissions in data; or (vii) events beyond the reasonable control of BHCPL.

 BHCPL sells and offers for sale various kind of cosmetic and herbal products for beautification or betterment of the body and/or for personal use, which are manufactured in a manner best suited for human use. Notwithstanding the same, BHCPL does not take liability or responsibility for allergic reactions or adverse effects caused to certain people for reasons beyond our reasonable control. Users are advised to review the product ingredients, and seek proper precaution/ professional medical/ dermatological advice before using any of our personal care products certain individuals or adversely affect individuals with pre-existing medical conditions.

10. Termination 

BHCPL reserves the right to terminate your access to the Website if it reasonably believes that any user has violated the terms of use as described herein in its sole discretion and may be hence forth desisted to use  the  website, without advance notice to the user and/or cancel any outstanding orders for Products.

11. Survival

Clauses 4,5,6,8,9,10 shall survive in perpetuity irrespective of future use or access of this website.

12. Disputes

The law of India shall govern this contractual relationship between user and BHCPL for all purposes. All disputes, controversies or claims arising out of or relating to this Agreement including interpretation thereof, or breach, termination or invalidity thereof shall be referred to arbitration by the sole arbitrator appointed by BHCPL only. The arbitration will be governed by The Arbitration & Conciliation Act 1996 as amended from time to time. The venue of arbitration shall be New Delhi, India and the arbitral proceedings shall be conducted in English. Any judgment, decision or award of the arbitrator shall be final and binding upon the parties here to.

13. Jurisdiction

The parties further submit themselves to the jurisdiction of New Delhi and agree that the courts in New Delhi shall have exclusive jurisdiction in respect of any matters pertaining to, arising out of or in connection with this contractual relationship.

BCHPL PURCHASE POLICY

User may choose any product from our wide range of our products being displayed on the website. Placing orders at our website is convenient and user-friendly. Customers can browse through our website to select items and place their orders.

For making purchase through this website, the user would have to create an account with us by providing certain information on a voluntarily basis. Opening of user account is guided by our Terms and Conditions.

For proper and timely processing of purchase orders, user should accurately provide all necessary information including shipping address and payment information. They should go through all the payment options available to them before placing an order.  Once the payment option is selected, the order is immediately processed for delivery.

Orders are accepted only In India right now. For international orders, contact us directly at info@brawnherbals.com.

Pricing :

The Prices of all items listed on the website are current and hold true only at the time of access and ordering. They are subject to change under various situations.

The products listed are all subject to an inclusive of applicable GST or any other taxes as is applicable.

Shipping charges, whenever applicable, would be indicated at the time of making purchases.

Payment Terms:

Our Website has been designed to take up immediate online orders. We accept payment through most domestic and international debit and credit cards issued as Visa, Rupay and MasterCard by selected banks, e-wallets,  and other payment methods as well, as mentioned in our specific links.

For security purposes, payment through international debit/ credit cards requires customers to provide certain extra information. This includes card no, ID proof and/or other relavant information necessary to complete the transaction..

Customers can also make their payment via cash on delivery (COD). This mode is available only to certain areas in India only.

Shipping Policy:

Upon placement of order, product is shipped to the address provided by the user while placing the order. Please note we shall not be able to take responsibility for incorrect delivery in lieu of inappropriate information.  

.  The orders are shipped once payment is made for prepaid mode or order is placed in case of COD.

Normally, it takes approximate 7 or less business days for your order to reach you. This holds true if your order is placed between 9:30AM – 6PM of all business days. We do not guarantee arrival dates or times and it is dependent on the courier partner and location.

Notwithstanding the above, due to the prevailing covid-19 situation, various bottlenecks at transit zones or excessive rush faced by our courier partner, which is inclusive of government restrictions, lockdowns and/or related policies imposed by the relevant law of the land, may delay or take longer than usual time to dispatch and deliver your products. We thus request our users to bear with the issues, if occurred and cooperate with us for due delivery of our customer’s products. Rest assured we shall endeavor to deliver products on time, to the best of our abilities.

Keeping Indian Laws in mind, every package is obligatorily attached with an invoice copy under all circumstances.  This holds good for all orders including those made for gifting purposes.

Any damage post delivery is not our responsibility.  

Any complaint ought to be reported to customer services within 24 hours of delivery.

Out of Stock Policy:

In an unlikely situation, we may temporarily runnout of stock for certain products. Such products would be marked as “Out of Stock” while being displayed on the website.We deeply apologize for such situations and strive to refill all our stocks immediately. The concerned product can be availed soonafter they have been restocked which shall be notified to the user from time to time.

Under rare situation,if the user’s order is accepted by us but the selected product is unavailable, we will inform him/her within 2 business days. In case of prepaid orders, the amount would be refunded within 5 to 30 business days. 

Our customer care portal can be contacted for more information and alternatives available for the product.

Order Cancellation:

For cancellation of any order, the customer care should be contacted through email at customersupport@brawnherbals within 24 hours of order placement. Beyond 24 hours, orders placed cannot be canceled or refunded.

For prepaid orders, the process of a refund will up to thirty business days.  This shall be in compliance with the Return/Exchange policy

Return/Exchange policy

Return/Exchange policy provides our customers with the option of exchange, replacement and/ or refund on certain terms and conditions only, as defined below :-

  • Return/ Exchange policy – A Customer’s products may be returned or replaced on grounds viz. (1)mistaken delivery of wrong product (2) expired product (3) damaged product being physical damage not contributed by the customer (4) incomplete product

Please note that products with broken seal, tampered, torn product packaging, exchanged, or used, if packaging parts have been missing or exchange for choice shall not be processed for replacement/ return. Additionally, we shall be unable to proceed for return/exchange of products, if the request for return/replacement is not placed within 3 working days from the date of delivery.

  • For return/ exchange of products, the following process must be followed:-
  • Customers may raise a request for the faulty product within 3 working days from the date of delivery, by contacting us vide the details provided on our website.
  • Upon receipt of the user request we shall review it at the earliest and upon ascertainment of the issue, we shall send our courier partner to replace/exchange the product as deemed fit by us.
  • Please note that return/exchange shall be processed upon verification of the claim and BHPCL shall decision on the review of the concerned matter shall be final and binding, which please be noted.