Please read these Terms and Conditions carefully before proceeding to place an order and/or visiting/ accessing our Website. By using this Website and/or placing an order via this Website it shall be deemed  that You have accepted all the terms and conditions after going through them thoroughly which are  detailed here and further have agreed to remain legally and contractually bound with the same. 

1. Introduction: 

1.1 In this contract: We’, ‘Us’ , ‘Our’ , “Website, “BAYA” means BAYA, having its registered office at Plot  No. 9, Block N, New Industrial, Faridabad, Haryana, India; and ‘You’, ‘Your’ , ‘User’ means the person  using our Website to buy goods/products/garments/items from us. 

1.2 The contents set out herein form an electronic record in terms of Information Technology Act, 2000  and rules there under as applicable and as amended from time to time. As such, this document does not  require any physical or digital signatures and forms a valid and binding agreement between the Website  

and the User. These Terms are made available to the user pursuant to and in accordance with the provisions  of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require  publishing the rules, regulations, privacy policy and Terms for access or usage of the Website 

1.3 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”. 

1.4 This Website may contain links to other Websites, which are not operated by the Website, and the  Website has no control over the linked sites and accepts no responsibility for them or for any loss or  damage that may arise from Your use of them. Your use of the linked sites will be subject to the terms of  use and service contained within each such site. 

1.4 This Website may contain links to other Websites, which are not operated by the Website, and the  Website has no control over the linked sites and accepts no responsibility for them or for any loss or  damage that may arise from Your use of them. Your use of the linked sites will be subject to the terms of  use and service contained within each such site. 

1.6 We reserve the right to terminate your access to the Website (including any services offered as part  thereof)

2 Eligibility to use 

2.1 Use of the Website is available only to such persons who can legally contract under Indian Contract  Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872  including minors, un-discharged insolvents etc. shall not be eligible to use the Website. 

2.2 Any minor desirous to use or transact on Website, is required to conduct such transaction through their  legal guardian or parents. 

2.3 The Website reserves the right to terminate any membership and / or refuse to provide access to the  Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the  Website is under the age of 18 years. 

2.4 By accepting the Terms or using or transacting on the Website, you irrevocably declare and undertakes  that you are of legal age i.e. 18 years or older and capable of entering into a binding contract and such  usage shall be deemed to form a contract between the You and the Website to the extent permissible under  applicable laws. 

3 Taxes and Duties 

3.1 For deliveries within India: 

All taxes and duties are included in the price of the product. 

3.2 For deliveries outside India: 

All deliveries outside India are undertaken on a DDU (Delivery Duty Unpaid) basis. This means that  product prices displayed and amount paid at the time of checkout/order confirmation are exclusive of all  import duties, custom fees, and local taxes, other related charges etc. As the recipient of the product, You  are liable for all import duties, customs fees, local taxes, other related charges etc, levied by Your country/ country of import . Payment of these taxes or duties is necessary for delivery of product(s). 

3.3 We are not to be held responsible/liable for any damages of product and delays in delivery due to non payment/delayed payment of such charges, taxes duties etc. 

4. Nature of Product 

4.1 We aim to provide the truest representation of the product, however we do not guarantee exactness as  to the finish or appearance of the product/garment as ordered/purchased by You. All our products are made 

to order styles and mostly hand finished and hand embroidered. There may be variations in the product  received in comparison to what is visible on screen/ordered. 

• • • i. Colours: Photography lighting, editing, different appearances/resolutions on screens etc and other  devices may result in variation of colours. 
    • ii. Embroidery and setting: As most embroideries are by hand, variation in sizes/styles, etc may result  in variation of embroidery pattern, design and setting. 
    • iii. Fabrics: Fabrics may appear different due to photography lighting, editing and more. Slubs and  weave imperfections are inherent in fabrics and are not faults. 
    • iv. Trims and embroidery materials: All products are made on order there may be variations in some of  the embroidery materials, trims etc. used at our discretion. 
    • v. Fit and sizing: You may require alterations in the product/garment to ensure that it fits properly.  Garment measurement will vary from body measurements as specified on the size chart/measurement  provided by You depending on the fit and style of the garment. 
    • vi. Quality: Although we aim to provide high quality standards, there is a possibility that the quality of  any products purchased or obtained by You may not meet Your expectations. 

4.2 We try to provide accurate information regarding raw materials, other materials etc on the Website and  we purchase accurate materials to our knowledge. However as all raw materials are purchased from third  party vendors, we do not take guarantee/responsibility for the same. 

4.3 We have taken precautions to avoid inaccuracies in content; this Website, all content, information,  software, products, audio or video and related graphics are provided as is, without warranty of any kind.  BAYA is not obligated to provide any physical preview of the object either before or after the sale. 

5. Returns and Exchanges 

5.1 As we make all orders/garments on special order and made-to-order and as a standard policy we do not accept returns or exchanges.

5.2 However, if the product/garment is received in damaged condition or if there are defects please send us an email/WhatsApp with the images and detailed description within 24 hours of receiving the product. We will repair/rectify the product.

5.3 Should you require alterations, please inform us within seven (7) days of receiving the product with a detailed email including corresponding photos and videos. If we are able to alter the garment we will send you a confirmation in the email and provide an estimated alteration time and charges. It is only then, are you to send the garment to the address mentioned in our email.

5.4 Alterations may be on a chargeable basis and will include any shipping costs, which shall be incurred/borne by you. We will not be liable for any damages/demands due to delays/damages caused during alterations and shipping/transits.

6. Cancellations 

6.1 You may choose to cancel your order within 24 hours of placing your order. In the said case, we will issue you a credit note which will be valid for 6 months. The credit note can only be redeemed  at https://www.bayaofficial.shop (website) or BAYA Flagship store(s) 

7. Refusal/inability to deliver orders/products 

7.1 We reserve the complete right to refuse complete or parts of Your orders. We may be unable to deliver  and/or refuse the confirmed order(s) to You. The reason for the same could be inclusive of but not limited  to unavailability of raw materials and related products, quality problems and inaccuracies or errors in  product or pricing information. 

In such circumstances, we will initiate a refund for the said amount, provided the corresponding payment/ amount has already been received by us. 

7.2 We will not be liable to You for any direct or indirect, punitive, incidental, special, consequential or  exemplary loss suffered by You due to refusal/non-delivery of Your order or delay in Your refund or delay  in informing You about non-acceptance/refusal of Your order.’

8 Refunds 

8.1 We will only initiate a refund in the case that we/BAYA refuses to accept/deliver any order. Said refund shall be made at the same issuing bank through which the Product was purchased. For payments made through electronic means like debit card, credit card, net banking, wallet, etc. refund shall be made using the same payment mode.

8.2 All refunds shall be made in Indian Rupees only within 20 days only if we are unable to deliver the outfit.
Merchandise bought on discount is considered as final sale, and hence is not eligible for refund or exchange.

8.3 We will not be liable for any damages, interests or claims, etc. resulting from non-processing an order or any delay in processing an order which is beyond the control of the Website/ our control.

9. Custom Measurement/ Made to Measure 

9.1 We provide the facility of producing the product to custom measurement/ made to measure garments.  There may be an additional charge for size, custom requirement which will be emailed to You post  checkout. Order will only be accepted once said amount is received by us. 

10. Alterations 

10.1 Should You require alterations, please inform us within seven (7) days of receiving the product with a  detailed email including corresponding photos and videos. If we are able to alter the garment we will send  You a confirmation on the email and provide an estimated alteration time and charges. It is only then, are  You to send the garment to the address mentioned in our email. 

10,2 Alterations may be on chargeable basis and will include any shipping costs, which shall be incurred/ borne by You. We will not be liable for any damages/demands due to delays/damages caused during  alterations and shipping/transits. 

11. Product Care 

11.1 Our products/garments are to be dry cleaned only. Garments/products are to be packed in sealed  plastic when not in use. Our garments/products are to be handled with utmost care. 

11.2 Our product/garment fabrics are delicate and are susceptible to snags, rips, tears etc. They are not for  hard wearing. Atmosphere, poor quality cleaning, perfumes, etc may lead to changes and/or deterioration  in colours and quality of product.

12. Shipping and Delivery 

12.1 Standard Shipping is free within India. For international orders Rs. 5000 will be charged for standard  shipping on all orders. In the case that You require a shorter duration courier/shipping, additional charges  will be levied on to You for the same. 

12.2 Delivery and shipping times are estimated and are not guaranteed. 

12.3 Estimated shipping times are to be used as a guide only and commence from the date of dispatch. We  are not responsible for any delays caused by third party delivery agencies and/or due to time required for  statutory clearances during the delivery process. 

12.4 We reserve the right to deliver Your order in parts/instalments. Should the goods/products be  delivered in instalments each delivery will constitute a separate contract. If You fail to take delivery of the  goods, we may at our discretion charge You for the additional shipping cost. 

12.5 For international deliveries, a porch or door delivery is done. We do not require a signature for any  goods delivered, at which point responsibility for Your purchased goods passes to You. If You have  specified a third party recipient for delivery purposes (for example as a gift) then You accept that evidence  of a porch delivery at the address given (or at that delivery address) is evidence of delivery and fulfilment  by us of our obligation. It shall be deemed to be understood that the delivery consisting of complete goods  are delivered successfully to You without the need of providing any kind of proof of delivery . 

12.6 All orders/products are shipped by standard third-party courier services. We are not to be held liable  for errors/manhandling/damage to the product due to them. 

13. Force Majeure 

13.1 We will not be held liable for any loss or failure to perform any obligation due to events such as  storms, tsunami, fire, floods, earthquake, lockdown, outbreak of any contagious diseases, or any other acts  of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots,  terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any  public or private road/highway, or any other circumstances beyond our control. 

13.2 Due to any of the reasons mentioned above or any other reason beyond our control, please expect  delays in Your shipping date and deliveries. We will not be liable for any damages/demands due to the  same and we will not accept requests for cancellations of orders/parts of orders due to the same. 

14. Content

14.1‘Content’ is defined as any graphics, photographs, including all images, rights, sounds, music, video,  audio or text on this site. We try to ensure that the information on this site is accurate and complete. But we  do not promise that our content is accurate or error-free. We cannot guarantee that our content or the server  that makes it available, are free of viruses or other harmful components. 

14.2 Your use of the site and its content grants no rights to You in relation to any intellectual property  rights relating to the content. All such content including third party trademarks, designs, and related  intellectual property rights mentioned or displayed on this site are protected by national intellectual  property and other laws and international treaty provisions. Any reproduction or redistribution of the  content is prohibited and may result in legal action against You. 

14.3 Electronic Communication 

14.4 You will be required to provide a valid phone number and email address while placing an order with  us. We may communicate with You either by e-mail, short message services (SMS), Whatsapp, phone calls  or by posting notices on the Website or by any other mode of communication to fulfil Your order. Thus for  contractual purposes, You consent to receive communications including SMS, e-mail, WhatsApp or phone  

calls from us with respect to Your order or any offers or promotions. You are also responsible to provide  accurate details. 

15. Pricing 

15.1 All references to ‘Rupee/INR’ on the Website refer to Indian currency. 

15.2 The pricing of the products on the Website are not guaranteed to be the lowest. The prices mentioned  on the Website are not subject to comparison with the same or similar product(s)/garment(s) available/ displayed at our or other stores, Websites, magazines etc. 

15.3 The prices of the products/garments shall be decided at the sole discretion of Richa Sharma, owner of  the brand BAYA. The prices are subject to change at any time, without any notifications. Further the prices  and availability of product(s)/garments(s) are liable to change without any prior notice from BAYA. 

15.4 The price at which order was placed will be treated as the final price of the product for that order.  Changes in price on the Website, or promotions/discounts, missed opportunities to avail discounts,  reductions/increased in price etc will not affect the confirmed order. However in case there has been an  error/inaccuracy in pricing on our part, due to inaccuracy on the Website or otherwise, we will email/ contact You informing the same. We will either request the balance amount from You, or we will refund the 

excess amount to You. In the case that the amount received by BAYA is lesser than the value of the  product, the order of the particular product will only be confirmed once the complete amount is received. 

16. Payment 

16.1 Prices for Products are described on our Website and are incorporated into these terms by reference.  All prices are in Indian rupees. 

16.2 A coupon code can only be used once by one user. If due to an error or our or Your part, the same  coupon code is applied more than once, we will email/contact You requesting the balance amount to be  paid to us. The order will only be confirmed/accepted post receiving full payment/amount. 

16.3 We may enter into agreements with third party payment gateway aggregators and financial institutions  authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payments. 

16.4 While availing any of the payment method/s available on the Website, the Website will not be  responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or  indirectly to You due to: 

• • • Lack of authorization for any transaction/s, or 
    • Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or • Any payment issues arising out of the transaction, or 
    • Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User; • Decline of transaction for any other reason(s) 

16.5 Notwithstanding anything contained herein, we reserve the right to conduct additional verification for  security or other reasons if it is not satisfied with the credibility of the user. 

17. Account, Password, and Security 

17.1 You may access the Website and the products either by registering to the Website or using the Website  as a guest. However, a guest user may not have access to all sections of the Website including certain  benefits/promotional offers, which shall be reserved only for the purpose of registered users, and which  may change from time to time our sole discretion. 

17.2 If You wish to register Yourself with the Website, You shall be required to create an account by  registering through Your email account or by filling in the details prescribed in the Website registration  form. You will then 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 any and all activities that occur under Your password or account. You agree to (a)  immediately notify us 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. We/ https://www.bayaofficial.shop  cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section  or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and  damage suffered by You on account of Your failure to comply with the Terms and reasonably expected  good practices in this regard. 

17.3 If You learn or are made or become aware of any instance of hacking or misuse of You account, it  shall without delay notify us of the same. Additionally, registered users may be held liable for losses  incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the  relevant User. 

17.4 If You provide any information that is untrue, false, not updated, and incomplete, or we have  reasonable grounds to believe that such information is untrue, false, not updated, incomplete, we shall have  the right to suspend or terminate Your account and refuse any and all current or future use of the Website  (or any portion thereof). 

17.5 The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary,  including but not limited to regular maintenance. However, under no circumstances will we/ BAYA be held  liable for any losses or claims arising out of such inaccessibility to You and You expressly waive any  claims against us in this regard. 

17.6 You may be required to provide certain personal information and expressly permit us to access and/or  collect and retain such personal information of Yours. Such provision and/or collection, storage, retention,  use and disclosure of the personal information of the Users shall be subject to our privacy policy available  at https://www.bayaofficial.shop/privacy-policy/ 

18. Severability 

18.1 If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms  shall otherwise remain in full force and effect. The other terms and conditions shall remain in force with  full rigour and the severing term / clause shall in no manner affect other terms and conditions. 

19. Change of terms

19.1 BAYA has the complete right to amend, modify any terms, conditions and points of this contract  without any prior intimation or notice from BAYA. 

20. User Conduct and rules 

20.1 You agree and undertake to use the website 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 accessing/using the  Website, you will not: 

• • • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. 
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,  obscene, indecent or unlawful topic, name, material or information. 
    • 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 consent. 
    • 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/device/mobile phone  etc. 
    • Conduct or forward surveys, contests, pyramid schemes or chain letters. 
    • Download any file posted by another user of a Service that you know, or reasonably should know,  cannot be legally distributed in such manner. 
    • 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. 
    • Violate any code of conduct or other guidelines, which may be applicable for or to any particular  Service. 
    • Violate any applicable laws or regulations for the time being in force in or outside India. 
    • 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. 
    • Exploit any of the services.

20.2 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 Users conduct violates applicable law or is  harmful to our interests. 

20.3 You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/ s and/or comment/s about the Website, its associates, proprietor, employees and partners on any property  owned or operated by the Website or elsewhere. 

21. Indemnity and Release: 

21.1 You shall indemnify and hold harmless BAYA, its subsidiaries, associates, consultants, contracted  parties, etc, and their respective officers, directors, agents and employees, from any claim or demand, or  actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising  out of Your breach of these terms or any policy/document incorporated by reference or Your violation of  any laws, rules, regulations or the rights of a third party. 

21.2 You hereby expressly release BAYA and/or its associates and/or any of its officers and representatives  from any cost, damage, liability or other consequence of any of the actions/inactions of BAYA vendors,  courier companies or other parties and specifically waiver any claims or demands that You may have in  this behalf under any statute, contract or otherwise. 

22. Notices and Communication 

22.1 Any communication or notice to us may be delivered to BAYA Plot no. 9, Block-N, New Industrial  Town, Mathura Road, Faridabad, Haryana, India or via email to BayaLabel@gmail.com 

22.2 We shall send notices to You electronically to the e-mail address provided by You, via WhatsApp to  the provided number, or by sending a physical notice either by recognised courier service, prepaid post to  the address provided by You. All means shall be deemed to be valid and effective service of notice by us. 

23. Governing Law and Jurisdiction: 

23.1 These terms and conditions shall be governed by and construed in accordance with the laws of  Republic of India.

23.2 Any dispute or difference either in interpretation or otherwise, of any conditions of the terms and  conditions hereto, the same shall be referred to exclusive jurisdiction of courts at Faridabad, Haryana,  India.