Terms of service
Terms of Service
1. Ownership to Site, Agreement to Terms of Service/Use
This site bubbleberry.co.in is owned by Vora Apparels Pvt Ltd. (“The company”,”our”, “us”, “ours”, “we”, “Bubble Berry”) under Brand Bubble Berry. We have exclusive right over the entire site including theme, schemes, content, color, offers and photos and all graphic and non-graphic contents, display settings, style and sequence etc. These Terms of Service notifies about your user of the site and other services via the site. The site and other services are referred as “services”. Anybody copying any part thereof will be subject to infringement laws of land and international convention for fair protection of trademark, business mark and copy right laws, as applicable.
2. Changes/Modifications to Terms or Services
The terms or service are subject to change without any notice, at our sole discretion. However we will notify about the change or updated policies by publishing the terms of services on the website as well as in other forms of communications, as deemed appropriate and possible. Your continuation to avail the services of site, post terms updates, provides your consent of acceptance of revised terms and your adherence to the same. You may however discontinue using the services, in case if you don’t agree to the terms.
3. Service Conditions
i. Eligibility
We cannot always guarantee the picture or content to be family friendly. You must be of at least 18 years of age to use our services. You are agreeing to legal obligation with us by using the services and confirm that you are 18 years of age or older.
ii. Registration and Your Information
To order products, you need to register an account for yourself and for that purpose; you need to share correct details like your full name, email address, contact number(s) and delivery address. We do not accept PO address at this moment and will not process the orders for same.
In case of conscious attempt to furnish incorrect or in-appropriate details, we reserve the rights to suspend or terminate your account as deemed fit. You shall be notified of all such actions, through email provided at the time of account creation or updation. It’s your obligation to keep all your account details
updated, correct on regular basis or on need basis. We shall not be held liable for loss or damage resulting out of incorrect details. You also hereby confirm that you will not share your account credentials to others, in what so ever circumstances and you will inform us through email, in case of observance of any unauthorized usage of your account. Any and all activities under your account shall be liable against you, irrespective of within your knowledge or otherwise.
i. Subscription
You can subscribe to our newsletter/blogs or other forms of communications such as emails, e-catalogs etc. The content of such communication is intended to 18 years of age or older and for general consumption. You can however unsubscribe to such communications at the site, at any given time. You will be unsubscribed from all communications within a week from the date of request. However, you will receive transactional communications such as order confirmation, invoices, delivery confirmation email etc., as and when required.
1. How the Services Work
We provide a platform to browse and shop the apparels and accessories mainly, in sync with current fashion trends. You may find appropriate product(s) that suit your requirement and add products or merchandise to cart and proceed to check out. You would be prompted to log in or register, if not already, as the case may be.
i. Placing an order
You can browse and place an order comprising of a single or multiple products, as required. We will provide you the confirmation through email or other forms, after receipt of your confirmation. However, the same cannot be construed as acceptance of your order. In case we change or modify your order for some reason, you will be notified accordingly at your registered email address. We reserve all rights to refuse, limit or cancel orders at our sole discretion. We do not process unsolicited order placements by dealers, distributors, resellers and basis best of our judgment, we reserve the right to amend or cancel the order(s). We will notify of all such changes or cancellations at registered email address within a reasonable time period. In case of the order modification or cancellations, we will refund the balance money through the same mode of payment in the same currency.
You will be notified about your order status, shipping details, delivery confirmation etc. You may choose mode of shipment and scheduled delivery, if options are available. You are liable to pay shipping and handling cost for your order upfront while placing order. The same will be mentioned additionally, if applicable. There are unforeseen circumstances, sometimes beyond
updated, correct on regular basis or on need basis. We shall not be held liable for loss or damage resulting out of incorrect details. You also hereby confirm that you will not share your account credentials to others, in what so ever circumstances and you will inform us through email, in case of observance of any unauthorized usage of your account. Any and all activities under your account shall be liable against you, irrespective of within your knowledge or otherwise.
i. Subscription
You can subscribe to our newsletter/blogs or other forms of communications such as emails, e-catalogs etc. The content of such communication is intended to 18 years of age or older and for general consumption. You can however unsubscribe to such communications at the site, at any given time. You will be unsubscribed from all communications within a week from the date of request. However, you will receive transactional communications such as order confirmation, invoices, delivery confirmation email etc., as and when required.
1. How the Services Work
We provide a platform to browse and shop the apparels and accessories mainly, in sync with current fashion trends. You may find appropriate product(s) that suit your requirement and add products or merchandise to cart and proceed to check out. You would be prompted to log in or register, if not already, as the case may be.
i. Placing an order
You can browse and place an order comprising of a single or multiple products, as required. We will provide you the confirmation through email or other forms, after receipt of your confirmation. However, the same cannot be construed as acceptance of your order. In case we change or modify your order for some reason, you will be notified accordingly at your registered email address. We reserve all rights to refuse, limit or cancel orders at our sole discretion. We do not process unsolicited order placements by dealers, distributors, resellers and basis best of our judgment, we reserve the right to amend or cancel the order(s). We will notify of all such changes or cancellations at registered email address within a reasonable time period. In case of the order modification or cancellations, we will refund the balance money through the same mode of payment in the same currency.
You will be notified about your order status, shipping details, delivery confirmation etc. You may choose mode of shipment and scheduled delivery, if options are available. You are liable to pay shipping and handling cost for your order upfront while placing order. The same will be mentioned additionally, if applicable. There are unforeseen circumstances, sometimes beyond
our control resulting into delay of shipment. We shall not be hold accountable for such delay. However, we will notify you about the same within reasonable time period and work hand in hand with you for an immediate delivery. You can expect to get your parcel within 25 days, post confirmation of orders. You will be provided shipping details for tracking real time delivery status.
i. Prices
Post filling up delivery details you need to pay the total amount payable that include, prices of the product, shipping & handling charges, if applicable. You are however liable to pay the applicable federal, state and all other taxes as applicable, as per the laws of land. We shall not be liable for paying all and any taxes, on your behalf to Government institution. In order to deliver best of the products, we source various raw materials across the world and manufacture in the best –suited environment. We endeavor to provide high quality products in the quickest time possible. And hence, we sometimes directly ship the products from our factories to you. In case of any customs or other duties paid by you, we will reimburse same to you, as means of store credit within 15 days of such notification from you.
ii. Payment
You confirm by placing an order that you agree to pay the price of product or products ordered in advance, which is inclusive of all shipping, handling and other applicable charges. You hereby are notified to pay the applicable service tax and other federal/local Government taxes, as applicable for laws of land directly. Bubble Berry does not charge or take responsibilities to pay for the taxes.
iii. Cancellation, Return and Exchange Policies or Refund
Should there a need arise to cancel the order, or to request for return or exchange the products, the policies are clearly stipulated. You are advised to review such applicable policies on understanding how and when you may cancel, return or exchange products.
Once the product is returned, should you have a specific query or a concern relating to purchase, cancel, refund, return, please use our customer support no +1 847 637 6767 or email us at info@bubbleberry.com
i. Product Information
We list each product with its specification that includes color, material used, and other details as deemed important.
ii. Errors, Inaccuracies and Omissions
We are committed to deliver as per your order(s) on time. However, sometimes slip ups do happen. And as a result of it, sometimes error or omission or inaccurate product delivery does occur. As soon as we notice, we will try to address your concerns within reasonable time period. There can also be inadvertent errors in contents – copy and graphics. We reserve the right to change/rectify as per our sole discretion without prior notice. In case of any errors, we reserve the right to amend, cancel, or suspend the orders as deemed appropriate. In case of cancellation of order(s) for whatsoever reason, we will immediately notify you and the refund will be initiated with the same Mode of Payment. You agree and obliged not to make any direct or indirect adverse claim against us. Our liability will be limited to the refund of the product price charged at the order placement, to the extent applicable.
iii. Colors
Due to monitor resolution, screen type, display variation occurs with respect of certain color. We disclaim our liability for the same by writing self-explanatory name of the color.
iv. Cancellation of Orders
For orders placed, we reserve all rights to refuse, limit or cancel orders at our sole discretion. In case of finding with reasonable understanding that orders have been placed by dealers, distributors or third parties with an objective to resell the products, we will modify, limit or cancel orders as deemed appropriate. Orders might be cancelled, in case any inappropriate, illegal means are found, such as multiple email accounts, identities, names, incorrect details or misrepresenting information what so ever, in order to avail benefits from existing or future policies, or which are found in conflict with laws of land.
1. Alerts and Notifications
Against every important account activity like account opened, password changed, delivery address changed, or account deleted (subject to your confirmation via such registered email address,)transaction against your account, we will send you notification and alert as the case may be that includes purchased merchandise details, packaging, shipping, delivery, returned etc. in your registered email address. We may also send you promotional emails to educate or intimate about new season collections, categories, fashion trends or offers and discounts. You have an option to unsubscribe from all such promotional communications in the emails you receive.
2. Privacy Policy
Please refer to Privacy Policy, as published on bubbleberry.co.in
3. Feedback
You are encouraged to write feedback about our services, product, delivery and all other suggestions. You can give us your feedback at contactus@bubbleberry.co.in or + 1 847 637 6767 or on the website feedback page. All your feedback will remain an exclusive, irrevocable, royalty-free property of Bubble Berry and we reserve the right to use the content in any manner deemed appropriate.
4. Content and Content Rights
The web content, themes, schemes, catalogue, product distribution, photography is owned and copy righted by us and no one has right to use any part or complete content etc., for what so ever reason, without explicit written approval from us.
i. Content Ownership, Responsibility and Removal
The content is owned by us and our associates. If you have found any error in themes, or photography or decoration or other inaccuracy, then you can report to us and we reserve the right to continue using them or remove them at any point without any further notice. If you have given us any feedback, then we own the right, if not otherwise specified, to use it for promotion or any purpose we deem fit.
We reserve the right to use or transfer the usage of this content, themes, and scheme etc. to anybody, under any leave or license to any venture, associate organization, subsidiary, or any third party, without assigning any reason and without prior notice.
Any user content published by you on our site is non- exclusive, deemed royalty free. We will not be held accountable for maintaining, or removing (or failure to removing) the content visible to others.
We are well within our rights to publish any user content and shall fully co-operate with law enforcement agencies for providing any and all information required. You waive Bubble Berry and its associate from any direct or indirect claim(s) resulting from incorrect, in appropriate, unethical or proprietary information, posted by you for perpetuity.
1. General Prohibitions
By your use of the site, you agree to follow laws of land and adhere to all terms mentioned by us. You agree not to use the site for creating dissonance, spreading virus, bugs, malware or create any denial of service attack against any user or against us or spread hatred, use defamatory statement against us or any third party. You will not use the site to conduct any illegal activity, under your local laws. You are obliged not to indulge in re-sale of products purchased from us. We have exclusive right to debar you from using the site in all above circumstances and can seek legal remedy against you and compel you to pay us such compensation. Also, we may suspend or terminate your account, for occurrence of any prohibited activity. Any money or point, discount undelivered merchandise you may have in your account may be held-up (indefinitely till we realize compensation from you against such illegal activities)
2. System Safety & Security
We are committed to ensure that our system is secure against perceivable cyber threats but at times threat level cannot be perceived in advance. In certain, rare circumstances, we might be forced to stay offline and your product purchase or delivery may be affected. We disclaim any liability to compensate you for such delays. You are advised to use security solution for protection of your system, email and internet, (your personal computer or smart device including smart phone, tablet PC etc.) and not to respond to any unknown or unscrupulous email or calls or open any attached document without scanning.
You are obliged not to carry out any and all activities which may result into harmful results, adversely affecting our ability to service.
3. Content from Third-Party Websites or Resources
We may host links to third party web site or advertisement or promotional links leading to any third party site or advertisement of any third party. We disclaim any liability to censor any content or verify any content of any such links or safety of such site; you are advised to act cautiously.
1. Accessing the Services and Account Security
You are advised to use the site directly without using any third party site in or site redirect services, or any other URL apart from our website at bubbleberry.co.in. You are advised to choose username and password carefully and your password should not contain real name or user name (a password should consist of at least, six, alpha-numeric and special character combination, for more security use long sentence and upper case and lowercase alphabet). Your account may be compromised if you share your log in or password or other account details with others or if you access your account through third party sites. We reserve the right to suspend or terminate account where unusual activity is detected. This is to prevent unauthorized use of our services and protect your privacy. However, we will not be held accountable, for any resultant misuse of your account in what so ever manner.
2. Termination
The service you are enjoying is subject to suspension without assigning any reason and it’s purely as per our discretion and operability. We have reserved the rights to suspend, modify or terminate the account for violation of our terms, with an immediate effect. You will be notified same at the registered email address, within a reasonable time period. You may wish to terminate your account at any time by intimating us through customer care at + 1 847 637 6767 or email us at contactus@bubbleberry.co.in In case of cancellation of your account as well, you will be obligated to use our services only in accordance with our terms.
3. Warranty Disclaimers
We do not provide warranty against products, services and other content available on our site. You agree by consuming content or purchasing product(s) that the same is done at your sole risk. All the products, services and contents are provided on As Is basis and without warranty of any kind, either expressed or implied. We do not make warranty that products and services offered will necessarily meet your requirements. The only remedy, in case if you are dissatisfied with our products, services and content will be to discontinue usage of such services by you.
1. Indemnification & Limitation of Liability
You agree to indemnify Bubble Berry, its affiliates, licensees, successors, directors, employees and all third parties related to production, publishing, dissemination of all products, services and content. Bubble Berry, its affiliates, licensees, successors, directory or employees and all third parties will not be liable to you for any direct, indirect, incidental, special, punitive damages. You indemnify us against any adverse claim by any third person against your illegal or unethical act or activities, in whatsoever circumstances.
You are advised to check with your dermatologist as regard to your skin suitability for certain fabric or leather merchandise. In case if you are allergic or cannot wear any particular material being offered by us, you are advised not to purchase or make use of the same. We cannot ensure that the fabric is suitable for any given individual’s sensitivity or skin tolerance.
In case if you have purchased a product or products through our services and is found unsuitable for your use, your sole remedy is to return the garment for a refund to the extent of prices charged for the products.
2. Void Where Prohibited
If you purchased a product which is not legally purchasable in your country or state (province) as the case may be, it will be treated as invalid order and no delivery will be made. Subsequently refund will be initiated and you will be notified accordingly at your registered email address. In case if the product(s) is already shipped to the destination, we cannot ensure delivery of the same. In this case, we will not be liable for any direct or indirect damage cause due to receipt or non-receipt of the order. Some provincial laws of US prevent us from giving prizes over pre-defined amount without official notification; in those cases we might not be able to consider you for the same, even if you may fulfill the criterion.
3. International Use
We have global operations and information is stored, managed & processed across continents in accordance with our Privacy Policy. You agree to adhere to all laws of land, terms to the use of our services.
4. Governing Law
We are subject to laws in force in the state of Gujarat, India primarily without regard to its conflict of law provisions.
1. Dispute Resolution
i. Informal Dispute Resolution
We understand, even after our best efforts, there are unforeseen circumstances, where we may not be able to deliver per your expectations. In such circumstances, we would like to engage with you to address your concerns, avoiding a formal legal proceeding. You agree to approach our in house redress committee against any complaint regarding any product or services received, with subject – Dispute Resolution at info@bubbleberry.co.in , with your complete contact details and nature of dispute. We will try our best to faithfully engage with you for quick dispute resolution within 30 days upon receiving such notice. In turn, you agree to faithfully consult us and co-operate for speedy resolution. In an event, where dispute is not resolved to the satisfaction, you or Bubble Berry can approach for alternative mechanism as advised in this section
ii. Agreement to Arbitrate
You agree that if your complaint is not resolved to your satisfaction at appellate committee, then you can approach an arbitrator (as per our choice) and the decision will be final and binding upon the parties.
iii. Opt-out of Agreement to Arbitrate
At any time during sign up or dispute resolution you can opt out to use arbitration method for dispute resolution, within 30 days from the first use of the site.
iv. Arbitration Procedures
As a general practice we have independent arbitrator available to help decide any issues rationally and independently, who is also expert in the relevant industry. You need to share your grievances with the arbitrator and after giving a fair hearing to both of us, the arbitrator will decide on a matter as he/she regards as just. The arbitration will happen at the state of Gujarat, India unless you and Bubble Berry agree otherwise in writing.
v. Exceptions to Agreement to Arbitrate
Your agreement to arbitrate is not an appendage to approach any other remedy available to you but not simultaneously.
vi. No Class Actions
You agree not to indulge in class action against us against any deficiency in service or over quality of merchandise, but will only resolve disputes with us on an individual basis.
i. Judicial Forum for Disputes
You agree that all disputes in this regard must be subject to the jurisdiction of Gujarat High Court having seat in Ahmedabad and laws in force in India and that of provincial laws of Gujarat will be held just and valid.
We both agree to waive our right to a jury trial.
Any dispute or claim you may witness with respect to Bubble Berry, terms, services, or other contents, or products, must be initiated within one (1) calendar year of the dispute or claim. You waive your right to initiate all such action, post the tenure completion.
1. Miscellaneous
o You are supposed to use the site for purchasing clothes, merchandise and accessories for your own consumption or immediate or extended family or purchase for your friends and not for any third party or for reselling any product without prior approval from us.
Every product is meant for specific use and you are advised not to use the same in any unspecified manner.
o You can access our site from desktop or personal computer using your browser as per your choice, but we recommend Internet Explorer, Chrome, Mozilla, and Safari. You can also access our site through dedicated application installed in your smart phone (will be available soon) i.e. android, windows or iPhone etc. In case of using the site through dedicated application you are advised to use application created by us and download from verified and trusted provider i.e. in case of android from Google play store etc.
o You can download and install our application, without paying any charge except data charged as per your data service provider.
If you are using apps then apart from terms and privacy policies, you agree to part with your smart phone or tablet PC etc. device details( including physical details like configuration etc.), your service provider detail, location details, Global Position Details( be it GPS or other variants like A-GPS, or other providers of
o location services like GLOASSNASS, BEIDU etc.) Bluetooth, Camera and privilege of reading Short Message and Multi-media Messages, it will help us enhance your experience. For example by using your location, we will be able to determine whether we can deliver in your location. We can also help you choose latest fashion, trends etc. per you location, for which you need to part with these additional details about your device.
o You can register an account with us without paying any money.
o We may from time to time to create promotional campaign for reaching out to new customers and may offer exclusive discount for new customers. We may offer same or differentiated offer(s) returning customers at same or different time. Each offer is subject to our discretion and the specific terms of such purchases. You will not avail such offers by illegal or unethical means by providing incorrect credentials, multiple accounts or impersonating someone. Sometime due to legislative restriction, we may not be able to consider you as contestant.
o We may stop stocking any product without prior notice, for any reason whatsoever. Given the dynamic nature of industry and fashion trends, we are obliged to maintain our product portfolio as deemed appropriate. For specific product requirements, you can however contact our customer care at help@bubbleberry.co.in or at +1 847 637 6767. In case of unavailability of merchandizing, after placing an order, we will initiate refund through the same mode of payment and you will be notified accordingly through your registered email account.
o You agree not to engage with any of our provider or source/vendor companies at any event for the purpose of purchasing clothes and accessories directly.
o You may be required to share your government approved identity proof at the time of delivery to ensure appropriate delivery. We do not store or manage your proofs, strictly following our stipulated privacy policy.
o Although we are committed to render you the superior quality with transparent pricing policy, you are liable to pay for service tax and other local tax and levies as required by laws of land. You can however claim the customs duty paid, if any by emailing us at contactus@bubbleberry.co.in with the proof of payment within 30 days of such payments.
o We may from time to time, offer customer specific and segment specific coupons, which are applicable against minimum purchase amount (as per each coupon policy). It can be utilized for such specific purchase(s) only. You will not be entitled for multiple transactions with the same coupon, unless otherwise mentioned explicitly. In case of any feedback, queries or concerns, you can contact us at Phone: +1 847 637 6767, or Email: contactus@bubbleberry.co.in . We will aim to address the same effectively in a time bound manner.