TERMS OF SERVICE AGREEMENT LAST REVISION: [24th June 2021]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement is an electronic record in terms of the Information Technology Act and Rules 2000 and published in accordance to Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Bombay Racks marketplace website – www.bombay-racks.com (hereinafter referred to as “Website”)

This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.bombay-racks.com (the “Website”), Bombay Racks (“We/Us/Our”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.

REVISION OF THESE TERMS

Bombay Racks reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

  1. Products & Terms of Offer.

This Website offers for sale certain products such as graphic t-shirts, apparel and other accessories (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement –

  • Convenience and Shipping Fee – Bombay Racks shall charge you a convenience fee and shipping fee for orders under Rs. ______/- . We will refund the convenience fee and shipping fee if the order is not delivered to you or is lost in transit. If the order is delivered to you and you choose to return the products, we shall not process a refund of the convenience fee.
  • Returns – You can return the product purchased by you from us within 7 days of delivery. You shall not however return a product after it has been used or damaged by you after delivery. You may initiate a return request on the Website. You may return the product to us for any of the following reasons –
    1. Wrong size / color or design
    2. Fault in the product at the time of delivery

Upon initiation of a return request, we shall inform you the details about the pick-up of the product within __ days.

  • Refunds – Refunds will be initiated upon successful pick-up of the product by our team. The refund shall be reflected in your account as per the following timeline –
    1. If paid by NEFT – _____ days from initiation
    2. PhonePe or PayTm – _____ days from initiation
    3. Credit/Debit card Payment – ____ days from initiation 
  • Cancellation & Modification – You may cancel or modify your order before it ships at no additional cost. Once the order has shipped, we will be unable to modify the shipping address, order contents or cancel the order all-together. You may contact us at [email protected] for any queries regarding order cancellation or modification.
  1. User Account & Security

If You use the Website, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website.

You agree to

  • immediately notify Bombay Racks of any unauthorized use / breach of your password or account
  • ensure that you exit from your account at the end of each session.
  1. Opt Out

You have the right to choose not to be contacted for company communications and solicitations. You can do this by emailing us. Unless you do so, you are agreeing to continue to receive further emails and call solicitations.

Opt Out Procedure: We provide 2 easy ways to opt out from future solicitations.

  • You may use the opt out link found in any email solicitation that you may receive.
  • You may also choose to opt out, via sending your email address to: [email protected]
  1. Proprietary Rights.

Bombay Racks has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by us. We also have rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

  1. Tax

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of the Website and purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. If you purchase any Products, you will be responsible for paying any applicable tax pertaining to the purchase.

  1. Website Content
  • Intellectual Property & License – All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”) is the property of Bombay Racks and we own the intellectual property rights to this content.  This content is protected by the Intellectual Property laws worldwide. Use of this website grants you a limited, non-exclusive, non-transferable license to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. This grant of license is not a transfer of title and under this license you shall not modify or copy the Content posted on this website or use the Content for any public or commercial use. You shall not assist any other person to modify or copy the Content on this Website. We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purposes.
  • Use of Graphics & Website designs – www.bombay-racks.com is an online store to purchase customized graphic t-shirts, apparel and accessories. The graphics on our t-shirts, apparel and accessories are sourced legitimately and we do not consent to your copying or modifying of these graphics for personal or commercial use.  In the event of such unauthorized copying or modification, Bombay Racks reserves the right to hold you liable and initiate any legal proceedings it may deem necessary against you.
  • Website Software – You shall not attempt to decompile or reverse engineer any software or algorithm used by this website. You shall not remove any copyright or trademark notations from the website. You shall not transfer the materials or mirror the materials on any other server. The License to use granted by us to you shall automatically terminate if you violate any of the terms mentioned in this Agreement. 
  • Third Party Links – In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. We do not always create the information offered on this Website; instead, the information is often gathered from other sources. Any links to third party websites are provided solely as a convenience to you. We do not endorse the contents on any such third-party websites. Bombay Racks is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you visit a link to any third-party websites, you do so at your own risk.  To the extent that we do create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies.
  1. Use of Website

Bombay Racks is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will

  • abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
  • not interfere with or disrupt the use and enjoyment of the Website by other users,
  • not resell material on the Website
  • not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
  •  not defame, harass, abuse, or disrupt other users of the Website License
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  • Your use of the Website may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
    1. You do not reply to the payment verification mail sent by us
    2. You fail to produce adequate documents during the payment details verification
    3. You misuse another user’s phone/email
    4. You use an invalid address, email and phone no.
    5. Any overuse of a voucher code
    6. You use a special voucher which is not tagged to the email ID used.
    7. You return the wrong product
    8. You refuse to pay for an order
    9. You are involved in the snatch and run of any order
    10. Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Bombay Racks
    11. You have a very high return rate
    12. You post repeated request for monetary compensation for fake/used order

Bombay Racks reserves their right to initiate appropriate legal proceedings for any fraudulent use of the Website. Bombay Racks may cancel your order/ bulk order and tag them as a ‘Fraudulent order’ at any time if any of the above scenarios are met.

  1. License to Use

By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from us or the applicable third party (if third party content is at issue).

  1. Posting

By posting, storing, or transmitting any content on the Website, you hereby grant Bombay Racks a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. We do not have the ability to control the nature of the user-generated content offered through the Website.

  1. User Interaction

You are solely responsible for your interactions with other users of the Website and any content you post. Bombay Racks is not liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but have no obligation, to monitor interactions between and among users of the Website and to remove any content we deem objectionable, in our sole discretion.

  1. Disclaimer of warranties.

The website and products are offered on an “as is” and “as available” basis. Bombay Racks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products.

  1. Warranty

Bombay Racks makes no warranty of the following:

  • that the information provided on this website is accurate, reliable, complete, or timely
  • that the links to third-party websites are to information that is accurate, reliable, complete, or timely
  • no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein as to the results that may be obtained from the use of the products or that defects in products will be corrected regarding any products purchased or obtained through the website
  • some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you
  1. Limitation of Liability

The entire liability of Bombay Racks, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website. We will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from   –

  • the use or the inability to use the website content or products;
  • the cost of procuring substitute products or content;
  • any products purchased or obtained or transactions entered into through the website; or
  • any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

  1. Indemnification

You will release, indemnify, defend and hold harmless Bombay Racks and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of

  • this Agreement or the breach of your warranties, representations and obligations under this Agreement;
  • the Website content or your use of the Website content;
  • the Products or your use of the Products (including Trial Products);
  • any intellectual property or other proprietary right of any person or entity;
  • your violation of any provision of this Agreement; or
  • any information or data you supplied to us.

When Bombay Racks is threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide such assurances may be considered by us to be a material breach of this Agreement. Bombay Racks will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with our counsel of choice at its expense. Bombay Racks will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Bombay Racks against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

  1. Privacy

Bombay Racks believes strongly in protecting user privacy and providing you with notice of Bombay Racks’ use of data. Please refer to our Privacy Policy, incorporated by reference herein, that is posted on the Website.

  1. Agreement to Be Bound

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

17.General

  • Force Majeure – Bombay Racks will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, global pandemic, labor strike, lockout, or boycott.
  • Cessation of Operation – Bombay Racks may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
  • Entire Agreement This Agreement comprises the entire agreement between you and Bombay Racks and supersedes any prior agreements pertaining to the subject matter contained herein.
  • Effect of Waiver – The failure of Bombay Racks to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  • Governing Law & Jurisdiction – This Website originates from Mumbai, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor Bombay Racks will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
  • Termination – Bombay Racks reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Bombay Racks chooses, in its sole discretion and without advance to you, to terminate it.
  • Domestic Use – Bombay Racks makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
  • Assignment – You may not assign your rights and obligations under this Agreement to anyone. Bombay Racks may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT