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filler@godaddy.com
These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Platform and 4. Miscellaneous, as well as policies, set of terms or documents to which a link has been provided herein (collectively “Terms & Conditions”).
If you place an order through www.jabaara.com in which we present these Terms and Conditions., upon confirmation that such order is accepted a contract of sale will be executed between you and Babbani Garments having GST No. 33AQRPB3970D1Z0, with its registered office at Regd. Office: 70-71 P.A.P Nagar, Angel Garden, Vaikalmedu, Muthanampalayam, Tirupur - 641 606, Tamil Nadu, India; Tel. No.: +91 7845929646, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.
Please read these Purchase Terms carefully before ordering Products online from the Platform.
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website, (ii) order anything at any web page directly connected to this website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
We have different types of products. This may include products fully designed and created by us (“Standards Products”) – and products that, although designed by us, may be personalized by you by adding your own content: you can for example add your name, select a player or number (“Personalized Products”), jointly “Products”.
Please note that in the case of limited edition or limited production Products extra restrictions such as limiting the number of such Products per consumer may apply. These extra restrictions will be made known to you via the Website.
All Products shown on the Website are subject to availability. This means that, although we strive to ensure our website reflects the availability of stock, a Product shown on the website may no longer be available for purchase.
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Babbani is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the website.
You must be 18 years of age or older to buy Products via the website.
You can only order on the website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
The following applies to all types of Products. All information on the website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4. under headings a through f above. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
After your order has been placed, we will send you an order acknowledgment email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until either:
All Products will remain the property of Babbani until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of, or encumber any Product before full title thereof has passed to you.
We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your order for Standard Products.
The stated prices include GST. Prices are quoted in India Rupees (INR). Babbani reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.12. Any delivery costs will be charged separately, itemized and added to the total amount of the order.
Please check the Help section of the Platform for information on available payment methods.
Babbani reserves the right to conduct an individual credit check for each order in accordance with the Babbani's Privacy Policy. Depending on the results of this check, Babbani reserves the right to refuse certain methods of payment.
Where we elect or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
To customise your Personalised Product and make it personal you can add your own content. You can add your name, select a player and number or be as creative as you like. Please keep it decent. We reserve the right to remove inappropriate language and use of brand names. Also keep in mind that some special characters are not supported by our system.
We kindly request you not to use, upload, submit, copy, or otherwise make public any names, words, or phrases which:
Babbani reserves the right to reject any customisation, names, words, or phrases (or combinations thereof) which fall into any of the above categories. This will result in your order being cancelled. Further, Babbani will be entitled to claim compensation equal to the value of the Products ordered.
Note that by placing your order for your Personalised Products, you:
We will deliver to the address indicated by you within India. We can only deliver to a home or office address or a carrier pickup location. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighboring/nearby address or pick-up point, after which Babbani is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, consider any public holidays including any national and/or regional holidays in your country of residence and in the relevant state, area, or city in India. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery. Note that Personalised Products have different delivery periods. This means that your complete order of Standard Products and Personalised Products will take longer to deliver. However, Personalised Products may also be delivered separately from any other Products you may have ordered.
Babbani is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
In the event that you have a right to withdraw from a contract of sale with us (and thus return your Standard Product(s)) in accordance with Sections 2.15, the following conditions apply.
Notification of Withdrawal and Return of Products
To exercise your right of withdrawal you must inform us (Babbani Garments, 70-71 P.A.P Nagar, Angel Garden, Muthanampalayam, Tirupur, Tamil Nadu - 641 606) by submitting a clear declaration (e.g., a letter sent by post or an email) stating your decision to withdraw from the contract of sale. You can use the sample withdrawal form attached as Appendix 1 to these Terms and Conditions, however, this is not mandatory.
To meet the withdrawal period deadlines specified in Sections 2.15 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.
The Standard Product must be returned (following the instructions on the Website) to our warehouse.
The easiest and our preferred way to return your Products is to follow the steps in the Return section of the Help section of Website, because this both returns the Products and notifies us of your desire to withdraw from the contract of sale in one go.
If you return your Products by following the above instructions, we shall bear the costs of returning the Products. In some cases, you can request the carrier to pick up the parcel for return, but this may result in an extra cost charged to you by the carrier. The current extra cost can be found in the Return section of the Help section of the Platform. Returns not made in accordance with the instructions set forth above shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s).
Please note that special provisions apply for Personalized Products as these have been designed specifically for you. This means that (without this affecting your rights) we cannot accept returns of these under the Voluntary Returns Guarantee unless they have manufacturing defects.
Your purchase is warranted against manufacturing defects for up to 3 months from the date of purchase.
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period shall be 30 days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Return Period”).
We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns and Withdrawal Policy (Section 2.13) and the following conditions.
The Standard Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed.
We must be in receipt of the Standard Product(s) you are returning prior to the end of the Voluntary Return Period.
We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Standard Products that do not comply with these conditions.
If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Policy (Section 2.13) and this Section 2.15, we will reimburse all payments we received from you, including delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within fourteen (14) days after our receipt of the Standard Product(s). For this repayment we shall use the same method of payment that you used making the original transaction unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances.
As explained in section 2.13, since Personalised Products are created just for you, we do not accept returns of Personalised Products except in the case of manufacturing defects. If your Personalised Product has a defect please contact us via the means provided in the Help section of the Platform, or using the contact information provided below under Miscellaneous, for return instructions.
We do not exchange Products. If you wish to exchange a Product, you will need to return your purchase for a refund and place a new order. It is only possible to get a refund on returns when the return is in line with our Returns and Withdrawal Policy as stipulated in section 2.13.
For Babbani, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Babbani has a legal obligation to make sure that our Products are conform to the contract of sale. Returned Products are inspected by the Babbani Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments. Contact us via the means provided in the Help section of the website.
These Terms of Use apply to your access to and use of the website.
Your access to and use of the Platform and the information, materials, products, and services available through the Platform are subject to these Terms of Use, regardless of whether you possess an account through the Platform linked to your name and/or contact information (“Account”).
Please read these Terms of Use carefully before using the Platform. If you choose to continue to use or access the Platform after having the opportunity to read these Terms of Use, you recognize that babbani has provided valuable consideration by offering the Platform free of charge, and in exchange for that valuable consideration, you agree to these Terms of Use.
If you do not agree to be bound by these terms of use, do not access, or use the Platform.
The Platform Privacy Policy describes how we collect information about you through the Platform and how we use and disclose that information.
We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the Platform or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate).
In some circumstances we may need you to download the latest version of the Platform and/or accept a new version of these Terms of Use before continuing to use the Platform. Your continued use of the Platform will constitute your acceptance of any new or amended terms and/or updates.
All the content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by babbani , its licensors, vendors, agents, and/or its Content providers.
You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download documents, audio, and video found on the Platform for personal, informational, and non-commercial purposes only.
You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Platform.
Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited.
You are responsible for complying with all laws which apply to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of babbani or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Platform.
All trademarks, service marks, and trade names of babbani used as part of or in connection with the Platform (collectively "Marks") are trademarks or registered trademarks of the babbani , or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify babbani Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without babbani ’ prior written consent. The use of babbani Marks on any other mobile application, website, or online service is not allowed. babbani prohibits the use of babbani Marks as a "hot" link on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance.
We attempt to ensure that information on the Platform is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
You must be 18 years of age or older to access or use the Platform.
When you provide information about yourself to us or to other users of the Platform, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the Platform, and/or refuse any or all current or future use of the Platform or any portion thereof.
You understand that all information, data, or other materials that you and other users of Platform upload, post, transmit, publish, display, or otherwise make available through the Platform, including information you share with or make available to other users of the Platform ("User-Provided Content"), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform.
We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.
We are not responsible for any User-Provided Content and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Platform, you agree that:
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Platform.
We may modify or adapt User-Provided Content, including to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.
All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform may be used by babbani in accordance with our Privacy Policy. babbani reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Platform in its sole discretion. babbani does not guarantee that you will be able to edit or delete any User-Provided Content you have made available in connection with the Platform. We are not under any obligation to keep the User-Provided Content that you make available through the Platform confidential.
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:
You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages in the Platform. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Platform through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account because of your failure to take reasonable steps to keep your account information secure and confidential.
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Platform, or any portion of the Platform, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use; (ii) modify or change the Platform, or any portion of the Platform; (iii) interrupt the regular operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Platform.
On cancellation of the agreement under these Terms of Use for any reason:
Babbani does not guarantee that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected. We may suspend, withdraw, discontinue, or change all or any part of the Platform without notice.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later.
If you have any questions or comments about the Platform or the babbani Terms and Conditions or in the unlikely event that you wish to make a complaint, please don't hesitate to contact our Customer Service via the means provided in the Help section of the Platform.
Alternatively, you may also write to us using the following address:
Customer Service Babbani Garments,
Registered Office: Office 70-71 P.A.P Nagar, Angel Garden, Vaikalmedu, Muthanampalayam, Tirupur, Tamil Nadu -641 606, India
Customer Service Number: 7845929646
Customer Service email: babbanigarments@gmail.com
In case of contradiction between babbani Terms and Conditions and any content contained in other parts of the Platform or in links, babbani Terms and Conditions contained in this document prevail.
We reserve the right to make changes to these Terms and Conditions at any time. The use of this Platform as well as any purchase agreement executed between you and us, will be subject to the version of the babbani Terms and Conditions in force at the time you place the order through this Platform or the day you browse this Platform (as applicable). Please check the babbani Terms and Conditions periodically for changes.
babbani fully respects the privacy of individuals who access and use the Platform. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookies Policy, which are incorporated into and form part of these babbani Terms and Conditions. By placing a purchase order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.
Each provision of the babbani Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these babbani Terms and Conditions.
babbani reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under babbani terms and conditions provided that your rights under babbani terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the babbani terms and conditions without our consent in writing.
babbani will be not held responsible for any delay or failure to perform or comply with our obligations under the babbani terms and conditions when the delay or failure arises from any cause which is beyond babbani’ reasonable control.
The babbani Terms and Conditions shall be governed by the laws of India. Indian law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence. You or babbani shall bring any dispute which may arise under these Terms and Conditions to the competent court of Tirupur, India to settle any of such dispute.
Copyright © 2024 jabaara - All Rights Reserved.
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