Terms and conditions

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Xerion Retail Private Limited, its franchisor, affiliates and partners.

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Xerion Retail Private Limited, its franchisor, affiliates and partners.

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Barterforgain.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Barterforgain.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

Services Offered:

Barterforgain.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. (collectively, "Products"). Upon placing an order, Barterforgain.com shall ship the product to you and be entitled to its payment for the Services.

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Barterforgain.com the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Channel Subscription:

By providing your data, you agree to be communicated by us via email and sms to facilitate your navigation of and shopping from the website. We may communicate promotional offers periodically and as and when required.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Barterforgain's name is stated as the source and prior written permission of Barterforgain.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  5. conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  9. violate any applicable laws or regulations for the time being in force in or outside India;and
  10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  11. exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
  12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Barterforgain.com, its associates and partners on any property owned by Barterforgain.com.

No Compensation Policy:

If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product.The customer cannot request compensation for any reason,including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Barterforgain holds the rights to cancel orders and block accounts of such customers without any prior notice.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Barterforgain.com.

Exactness Not Guaranteed:

Barterforgain.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from Barterforgain.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Barterforgain.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

Intellectual Property Rights:

  1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Barterforgain.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Barterforgain.com without obtaining authorization from Barterforgain.com.
  2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links To Third Party Sites:

The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Barterforgain.com or the Website and Barterforgain.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Barterforgain.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Barterforgain.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Barterforgain.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer Of Warranties/Limitation Of Liability:

Barterforgain.com has endeavoured to ensure that all the information on the Website is correct, but Barterforgain.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Barterforgain.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services;including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Barterforgain.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Barterforgain.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Barterforgain.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

The Users of Mobile Application of Barterforgain.com are expected to update his/her said app on regular basis, so that he/she can avail the latest services and is duly aware of any change(s) in Barterforgain policy. In the event of failure to update the Barterforgain Application, as and when available, by the Customer, the Users understand and agrees that Barterforgain shall not be liable in any manner whatsoever.

Indemnification:

You agree to indemnify, defend and hold harmless Barterforgain.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Barterforgain.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Barterforgain.com’s discretion.

In accordance with brand guidelines, prices might change when the stocks are replenished.

Service Fees:

Barterforgain reserves the right to introduce fees for the services offered or amend existing fees as the case may be. Changes to the Fee Policy shall automatically become effective immediately after they are posted on the Website. Shipping: As a promotional Diwali offer, these charges are being waived off until next updated.

Tax:

Value Added Tax (VAT) is an indirect tax which is consumption based and is levied by the state government to be borne / paid by the ultimate consumer / shopper.

On orders with total discount more than 20%, and applicable tax more than or equal to 10.99% or 5%, a flat 10.99% or 5% tax is collected from customer and the balance tax amount is funded by Barterforgain, as the case may be. For orders with total discount less than 20%, Barterforgain itself bears the tax.

Shipping:

A fixed amount of 100 INR is charged on all orders with values less than 1000 INR. Handing charges are different from Cash On delivery charge of 49INR. Both these charges shall not be refunded if an order is returned or if the cancellation request is raised after the order is shipped.

Title and risk of loss for all products ordered by you shall pass on to you upon Barterforgain.com's shipment to the shipping carrier.

Delivery:

Barterforgain.com will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Barterforgain.com reserves the right to cancel the order(s) at its discretion.

An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to

  1. bad weather
  2. flight delays
  3. political disruptions
  4. other unforeseen circumstances

 

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.

 

"The Buyer agrees that the title to the goods is transferred to the buyer at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods and COD which are to be done in due course being a separate chargeable facilities"

Post Delivery:

Returns and Exchange conditions:

Barterforgain.com will accept Return or Exchange only if the following conditions are met.

  1. Return/Exchange should be initiated within 15 days of order delivery. Please take note that this is applicable to all products purchased on or after 10th April, 2015.
  2. The tags on the product should be intact.
  3. The product should be unwashed, unused and in an undamaged condition.
  4. The item needs to be returned along with the original packaging.

 

Limitation on refund amount for courier charges

If the customer wants to instant return or return within 15 days from delivery date, and Barterforgain does not offer reverse pickup of the items, the customer can send us the shipment himself/herself. Also, we request the customer to send the scanned copy of the courier slip to care@Barterforgain.com and Barterforgain will refund the amount. Barterforgain will refund the courier slip amount or INR 160 per kg, whichever is less. Customers, please ensure that you do not end up paying more than INR 160 per kg for items being returned.

Reverse Pickup Process:

Self send process

In case of Return initiated and subsequently couriered the product by the Customer himself/herself, if it is found that the claimed shipment was not delivered to Barterforgain.com or the shipment was empty, the onus shall be on the customer to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return.

 

Barterforgain.com will not be liable for the products returned by mistake

In a scenario where a product not belonging to Barterforgain is returned by mistake, Barterforgain is not accountable for misplacement of the product and is not responsible for its delivery back to the customer.

 

Limitation on refund amount for courier charges

Please do collect the RVP slip/Written confirmation from the Courier company that the RVP has been done for a particular shipment/order.

 

RVP slip to be produced in case of discrepancy between customer and our logistics partner

In case of any discrepancy in the status of reverse pick up of a product, (where the customer claims the product has been returned, while our system suggests otherwise) refund will be initiated only if the customer successfully furnishes the RVP slip given at the time of the pick up.

Exchange:

In case of exchange request placed by the customer, the exchange will be done on special price of the item(s) not on MRP.

Termination:

  1. Barterforgain.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
  2. If you or Barterforgain.com terminates your use of the Website or any Service, Barterforgain.com may delete any content or other materials relating to your use of the Service and Barterforgain.com will have no liability to you or any third party for doing so.
  3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation Of Number And Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Barterforgain.com does not review the contents in any way before they appear on the Website. Barterforgain.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to reportabuse@Barterforgain.com.

Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made on Barterforgain.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Barterforgain to begin an investigation.

Cancellation of Fraudulent/Loss to business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Barterforgain.com reserves the right to cancel all past, pending and future orders without any liability. Barterforgain.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. 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 cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
 

The customer may be considered fraudulent if any of the following scenarios are met:

  1. Customer doesn't reply to the payment verification mail sent by Barterforgain
  2. Customer fails to produce adequate documents during the payment details verification
  3. Misuse of another customer's phone/email
  4. Customer uses invalid email and phone no.
  5. Overuse of a voucher code
  6. Use of a special voucher not tagged to the email ID used.
  7. Customer returns the wrong product
  8. Customer refuses to pay for an order
  9. Customer is involved in the snatch and run for any order


 

The customer may be considered loss to business if any of the following scenarios are met:

  1. Customer with a very high return rate
  2. Invalid/Incomplete address cases
  3. Repeated request for monetary compensation for petty issues

 

Account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.

 

Cancellation of Bulk Orders

Barterforgain.com may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Barterforgain.com:
 

  1. Products ordered are not for self-consumption but for commercial resale
  2. Multiple orders placed for same product at the same address, depending on the product category
  3. Bulk quantity of the same product ordered
  4. Invalid address given in order details
  5. Any malpractice used to place the order


Any promotional voucher used for placing the 'Bulk Order' may not be refunded

 

Product Review Guidelines

  1. Brisk and effective content: It is advisable that the content of the review is honest, simple, to-the-point and helpful in the interest of future buyers of the same product. Keep in mind that your review is based on your personal experience of your product choice, timing of the order and demographic contours. It is important that you set a clear and realistic picture in your review for other future buyers to follow suit.
  2. Content of the review: The review section in essence is limited to only issues with respect to the product like the quality, comfort level, colour, size etc. Please note that reviews written with irrelevant content referring to another product or company will not be published. Moreover, reviews in incomprehensible language, HTML content, promotional campaigns, abusive or defamatory language will not be published.
  3. Other reviews/queries: In case you want to give us a shout-out on our services like delivery, return, refund, promotional offers, discount coupons and so on, you can shoot us an email at barterforgain@gmail.com. For queries about the product size, colour, availability, you can contact your customer care representative at 0124-6128000.

Disclaimer:

It is the customer's responsibility to login earlier if they want to avail better products or styles because Barterforgain.com 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 guaranteed and we will alert you only when an item is sold out.
The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.

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.

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