CATEGORY

Terms & Conditions

Thank you for visiting BeautyJunction.in. These Terms and Conditions of the website located at the URL www.BeautyJunction.in and mobile application under the name and style "BeautyJunction" (the Website) is between Cliste Labs Private Limited (hereinafter referred to as “BeautyJunction Labs” or "BeautyJunction" or "We" or "Us" or "Our") and the guest users, registered users, buyers or sellers on the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User" or “Buyer” or “Seller”) describe the terms on which BeautyJunction offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

 

These website Terms and Conditions ("Terms and Conditions") comprising of Terms of Use and Terms of Sale is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms and Conditions do not require any physical, electronic or digital signature.

 

These Terms and Conditions together with the Privacy Policy, Shipping Policy, Order Cancellation and Returns Policy, Seller Agreement (applicable if You are a seller of the products on the Website) and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

 

If you are accessing the BeautyJunction mobile application or accessing the Services through the BeautyJunction mobile application, then while these Terms and Conditions will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms and Conditions by way of reference.

 

These Terms and Conditions are subject to revision at any time and hence Users, Buyers and Sellers are requested to carefully read these Terms and Conditions from time to time before using the website, listing any Product or before making any purchase of the Products. The revised Terms and Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms and Conditions. It shall be Your responsibility to check these Terms and Conditions periodically for changes. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms and Conditions will constitute Your acceptance of such changes or modifications.

 
TERMS OF USE

These Terms of Use are a legally binding document between user and BeautyJunction. These Terms of Use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and BeautyJunction for the use of the website.

 

This document is published and shall be construed in accordance with the Provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the Rules and Regulations, Privacy Policy and User Agreement for access or usage of the website.

 

Please read these Terms of Use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms of use, please do not use the website.

 
01   General

Cliste Labs Private Limited is a company incorporated under the laws of India, with its registered office at Chennai, India and having CIN U74900TN2015PTC167415. Cliste Labs Private Limited (hereinafter referred to as "BeautyJunction" or "We" or "Us" or "Our") is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

 
02   Services

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto.

 
03   Payments
  • You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. BeautyJunction expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
  • Payment Facility for Your orders: BeautyJunction may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of BeautyJunction's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. BeautyJunction shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between BeautyJunction and sellers.
 
04   Eligibility

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the BeautyJunction system by BeautyJunction for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between BeautyJunction and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

 
05   User Obligations
  • Subject to compliance with the Agreement(s), BeautyJunction grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
  • You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by BeautyJunction. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to BeautyJunction using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that BeautyJunction does not endorse any User Content on the Website and is not responsible or liable for any User Content. BeautyJunction reserves the right to disable access to the User Content on the Website.
  • You hereby grant BeautyJunction a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
  • You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that BeautyJunction is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. BeautyJunction is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). BeautyJunction neither recommends You to buy or sell any Products on the Website nor does BeautyJunction endorse any such Products and nor does BeautyJunction provide any guarantee, warranty or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, BeautyJunction does not guarantee, warranty or provide any assurance on the behavior of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
  • When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. harms minors in any way;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  5. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
  6. infringes any patent, trademark, copyright or other proprietary rights;
  7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  9. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any BeautyJunction server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  11. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of BeautyJunction, including any BeautyJunction Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  13. use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of BeautyJunction or other third parties;
  14. 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;
  15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  16. violate any applicable laws or regulations for the time being in force within or outside India;
  17. violate the terms of the Agreement.
  • You agree that You are solely responsible to BeautyJunction and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which BeautyJunction or its affiliates or its vendors may suffer) for any such breach.
  • BeautyJunction does not pre-screen User Content. BeautyJunction has no obligation to monitor any User Content. However, BeautyJunction at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if BeautyJunction determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where BeautyJunction removes any User Content from the Website, BeautyJunction will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in any manner negate or dilute BeautyJunction's position as an intermediary or impose any liability on BeautyJunction with respect to User Content.
  • You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
  • There may be certain orders that BeautyJunction is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in BeautyJunction's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
  • In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
  • In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts BeautyJunction for the same, BeautyJunction may inform the seller to provide or facilitate the provision of such services to the buyer. BeautyJunction is not and shall not be obliged to provide any such additional services. BeautyJunction's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
 
06   Account Security
  • BeautyJunction makes certain sections of the Services available to You through the Website only if You have provided BeautyJunction certain required User information and created an account (also called as 'registered users'). As a registered user, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify BeautyJunction of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. BeautyJunction cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by BeautyJunction or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
  • If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BeautyJunction has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BeautyJunction has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
  • The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
 
07   Content Usage
  • BeautyJunction hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
  1. You may access and use the product catalogues solely for personal, informational, and internal purposes;
  2. You may not modify or alter product catalogues available on the Website;
  3. You may not distribute, sell, rent, lease, license or otherwise make the product catalogues available to others; and
  4. You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
  • The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
  • Any software that is available on the Website is the property of BeautyJunction or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of BeautyJunction.
 
08   Intellectual Property Rights
  • The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by BeautyJunction or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. BeautyJunction reserves the right to change or modify the Content from time to time at its sole discretion.
  • The trademarks, logos and service marks displayed on the Website ("Marks") are the property of BeautyJunction or their vendors/sellers or respective third parties. You are not permitted to use the Marks without the prior consent of BeautyJunction, the vendor/seller or the third party that may own the Marks.
  • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, BeautyJunction owns all intellectual property rights to and into the trademark "BeautyJunction", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from BeautyJunction or thirty party owner of such Content.
 
09   Third Party Content
  • General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. BeautyJunction may not own/have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. BeautyJunction shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
  • In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. BeautyJunction makes no warranty or representation regarding, and does not endorse, any website linked to the Website/Services or the information appearing thereon or any of the products or services described thereon.
 
10   Indemnity
  • You agree to indemnify, defend and hold harmless BeautyJunction, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content/content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
  • BeautyJunction may notify You of any claims which You shall be liable to indemnify BeautyJunction against. You will then be required to consult with BeautyJunction regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of BeautyJunction without the express prior written consent of BeautyJunction which can be withheld or denied or conditioned by BeautyJunction at its sole discretion.
  • Notwithstanding anything to contrary in the Agreement(s), BeautyJunction's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to BeautyJunction under the relevant order to which the cause of action for the liability relates.
  • Notwithstanding anything to contrary in the Agreement(s), in no event shall BeautyJunction, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BeautyJunction has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
 
11   Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please send us an email at support@BeautyJunction.in.

 
12   Communications

When You use the Website or send emails or other data, information or communication to BeautyJunction, You agree and understand that You are communicating with BeautyJunction through electronic records and You consent to receive communications via electronic records from BeautyJunction periodically and as and when required. BeautyJunction will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice/electronic record to the maximum extent permitted under any applicable law.

 
13   General Provisions
  • Notice: All notices with respect to these Terms of Use from BeautyJunction will be served to You by email or by general notification on the Website. Any notice provided to BeautyJunction pursuant to these Terms of Use should be sent to support@BeautyJunction.in
  • Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. BeautyJunction's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by BeautyJunction to any third parties without the requirement of seeking Your prior consent. BeautyJunction may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. BeautyJunction shall have right to transfer Your Account and Account Information to a third party who purchases BeautyJunction's business as conducted under the Website.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. BeautyJunction may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
  • Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  • Principal to Principal Relationship: You and BeautyJunction are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and BeautyJunction. As an abundant caution, it is clarified that BeautyJunction shall not have any right to conclude any contract for sale or purchase of Products for and/or on Your behalf and both You and BeautyJunction have entered this agreement on principal to principal basis.
  • Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by BeautyJunction is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of BeautyJunction or its third parties performing such services as sub-contractor to BeautyJunction and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then BeautyJunction shall be excused from such performance to the extent of and during the period of such Force Majeure Event. BeautyJunction shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
  • Grievance: In compliance with Information Technology Act, 2000 and the rules made thereunder, all grievances for the purpose of this Agreement can be sent to: support@BeautyJunction.in. BeautyJunction may change the aforesaid details from time to time under intimation to You.
 
14   Terms
  • The Agreement will continue to apply until terminated by either You or BeautyJunction as set forth below. If You want to terminate Your agreement with BeautyJunction, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where BeautyJunction has made this option available to You.
  • You agree that BeautyJunction may, at its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if BeautyJunction determines that You have violated the Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to BeautyJunction, for which monetary damages may be inadequate, and You consent to BeautyJunction obtaining any injunctive or equitable relief that BeautyJunction deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BeautyJunction may have at law or in equity.
  • In addition to Waiver Clause above, BeautyJunction may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
  1. BeautyJunction is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
  2. The provision of the Services to You by BeautyJunction is, in BeautyJunction's opinion, no longer commercially viable;
  3. BeautyJunction has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
  4. In the event BeautyJunction faces any unexpected technical issues or problems that prevent the Website and/or Services from working.
  • BeautyJunction may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
  • You agree that all terminations shall be made at BeautyJunction's sole discretion and that BeautyJunction shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
  • Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination/expiry of this Agreement, will survive indefinitely unless and until BeautyJunction chooses to terminate them. BeautyJunction may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. BeautyJunction may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
 
15   Disclaimer
  • The Website, Services, Content, User Content and any Third Party Content are provided by BeautyJunction on an "As Is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, BeautyJunction makes no warranty that (i) the Website or the Services will meet your requirements or your use of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or Services will be effective, accurate or reliable; (iii) the quality of the Website or Services will meet your expectations; or that (iv) any errors or defects in the Website or Services will be corrected. No advice or information, whether oral or written, obtained by you from BeautyJunction or through the Website content or from use of the Services shall create any warranty not expressly stated in these terms of use.
  • To the maximum extent permitted by applicable law, BeautyJunction will have no liability related to User Content and/or Third Party Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. BeautyJunction also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and/or Third Party Content.
  • You expressly understand and agree that, to the maximum extent permitted by applicable law BeautyJunction will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Website or any Services, either with or without your knowledge. BeautyJunction has endeavored to ensure that all the information on the Website is correct, but BeautyJunction neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. BeautyJunction shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities 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, BeautyJunction 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 BeautyJunction's control. The user understands and agrees that any material 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 or data. BeautyJunction is not responsible for any typographical error leading to an invalid product or price. BeautyJunction accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
  • In the event You have purchased/downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. Microsoft, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and/or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of BeautyJunction and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability/consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website/BeautyJunction.
 
TERMS OF SALE

These Terms of Sale is a legally binding document between Buyer and Seller where the Seller has made the offer to sell the products by listing the same on the website and Buyer has accepted such offer of the Seller by agreeing to buy the product so offered on the website. These Terms of Sale will be effective and binding on the Seller upon Seller's advertising, exhibiting and creating a listing of the product on the website, and shall be effective and binding on the Buyer upon Buyer agreeing to purchase the products so listed by the Seller.
 
In these Terms of Sale, a User (whether Guest User or Registered User) who purchase various products (as defined below) from the Seller on the website located at the URL www.BeautyJunction.in and mobile application under the name and style "BeautyJunction" (the website) is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any products through the website to the Buyer (referred to as "Seller"). These terms of sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("products") through the website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by BeautyJunction which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions.
 
Please read these Terms of Sale carefully before listing any product or before purchasing any products. These Terms of Sale are in addition to various Agreements, Terms, Privacy Policy, Shipping Policy, Order Cancellations and Returns Policy, and all other policies of the website. Seller may include additional or conflicting Terms and Conditions of Sale in the product listing or product description as made available on the website ('Additional Terms of Sale'). If there is any conflict between these Terms of Sale and the Additional Terms of Sale, the Additional Terms of Sale shall take precedence to the extent of such conflict and in relation to that sale. If a Seller does not agree with these Terms of Sale, please do not list or make any offer for sale of any products on the website and if a Buyer does not agree to these Terms of Sale and Additional Terms of Sale, please do not buy or attempt to buy any product listed on the website.

 
16   Offer to Sell

The Seller hereby makes an offer to sell the Products listed by Seller on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the Seller. BeautyJunction is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that BeautyJunction has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms of Sale, Website Terms of Use, Privacy Policy or under any contract or policy between BeautyJunction on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

 
17   Products
  • All offer of sale of Products are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/Sellers/brand owners (as applicable) in addition to these Terms of Sale. In the event a manufacturer/Sellers/brand owners (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or on the label printed on the Product package. Such warranties are provided by manufacturer/Sellers/brand owners (as applicable) and will be fulfilled by the manufacturer/Sellers/brand owners (as applicable).
  • The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct BeautyJunction to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to BeautyJunction. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed/remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. BeautyJunction shall have the sole discretion to determine the mode of reversal from the above options.
  • With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
  1. Seller has the right to sell the Products to the Buyer on or through the Website;
  2. Buyer shall have and enjoy quiet possession of the Products;
  3. Products shall be free from any charge or encumbrance in favor of third party;
  4. Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product; and
  5. Product shall meet the description and specifications as provided on the Website.
 
18   Pricing
  • The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
  • All prices are inclusive of VAT unless stated otherwise.
 
19   Delivery
  • There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represents and warrants that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
  • Buyer's shipping address and pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
  • Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment for the purchase of Product.
  • Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to BeautyJunction for any loss of any fee or charges that BeautyJunction and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to BeautyJunction and its third parties are not consequential or indirect.
  • The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
 
20   Returns
  • Buyer's Product related complainant for refund or replacement will the processed in accordance with BeautyJunction’s Returns Policy. Both Buyer and Seller agree to this Returns Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
  • Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
  • The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
  • In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. BeautyJunction shall have the sole discretion to determine the mode of reversal from the above options.
  • Buyer agrees that if the returned Product is not accepted by the Seller then BeautyJunction shall have the right to liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
 
21   Cancellation
  • Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct BeautyJunction to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to BeautyJunction. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed/remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. BeautyJunction shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by BeautyJunction is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of BeautyJunction for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
  • Cancellation by Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
  • Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by BeautyJunction in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes BeautyJunction to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
 
22   Disclaimer
  • BeautyJunction's role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable Seller to exhibit, advertise, display, make available and offer to sell the products and to enable Buyer to purchase the products so offered, and other incidental services to facilitate the transactions between Sellers and the Buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between Seller and the Buyer. At no time shall BeautyJunction have any obligations or liabilities in respect of such contract nor shall BeautyJunction hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the Buyer from the Seller.
  • These Terms of Sale shall not amend or modify any Agreements, Contracts, Terms or Policies between the Buyer or Seller on one hand and BeautyJunction on the other hand.
  • BeautyJunction does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by Sellers accessible through the website or any linked sites. BeautyJunction makes no representations or warranties whatsoever about, and shall not be liable for, the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, and non-infringement of Third Party Intellectual Property Rights. Any transactions that Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's Terms and Conditions for warranty, service and maintenance, and BeautyJunction does not accept any responsibility for the same. BeautyJunction also does not accept any responsibility for the usage of the products by the Buyer.
  • BeautyJunction specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by Buyer from the Seller and BeautyJunction shall not assume any liability if the product purchased or availed by Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation order.
  • BeautyJunction is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
  • BeautyJunction does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to BeautyJunction. Prices, Product description and availability of the Product are Seller's responsibility.
  • Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and BeautyJunction shall not in any manner be held liable for the same.
  • BeautyJunction shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.
 
23   Jurisdiction
  • These Terms and Conditions and all transactions entered into on or through the Website and the relationship between You and BeautyJunction shall be governed in accordance with the laws of India without reference to conflict of laws principles.
  • You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms and Conditions, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and BeautyJunction shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
 
24   Feedback
  • Any feedback You provide to this Website shall be deemed to be non-confidential. BeautyJunction shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) BeautyJunction is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) BeautyJunction may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from BeautyJunction for the feedback under any circumstances.
  • To clarify, BeautyJunction may at its discretion, make any modifications or changes to the Website, Content and/or Services on the basis of such feedback, however BeautyJunction shall not be obliged to do so. Further, in the event that BeautyJunction makes any changes or modifications to the Website, Content and/or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and/or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and/or Services, and assign to BeautyJunction, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and/or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and/or Services.
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